Visa Lawyer Blog

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We are happy to inform our readers that U.S. Immigration and Customs Enforcement (ICE) has launched a new online change of address form for noncitizens.

What is the online change of address form?

This new form gives noncitizens the option to update their information online instead of having to do so by phone or in-person.

To process an online change-of-address, the system requires a full name, A-number, and validated non-commercial address. It takes approximately one minute to complete the form.

This tool will make it easier for noncitizens to comply with their immigration obligations and improve the accuracy of address information reported to Immigration and Customs Enforcement (ICE) by utilizing address autofill to ensure U.S. Postal Service standardization.

Reporting a Change of Address with USCIS

As a reminder, all noncitizens in the United States, except A and G visa holders and visa waiver visitors, must also report a change of address to USCIS within 10 days of relocating.

You may change your address with USCIS online here.

Reporting a Change of Address with Immigration Court

Once a noncitizen has entered a valid mailing address, if they are currently in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA), the interactive online system will provide the noncitizen with information on how to also change their address with the immigration court as required, using the Executive Office for Immigration Review’s (EOIR) Form EOIR-33, Change of Address/Contact Information. Form EOIR-33 can be submitted by mail, in-person at the immigration court, or online through EOIR’s Respondent Access.

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Readers of the July Visa Bulletin may have been surprised to learn that the final action date for the employment-based third preference category for nationals of India retrogressed by more than 3 years and 5 months from June 15, 2012 (in the June Visa Bulletin) to January 1, 2009 (in the July Visa Bulletin).

What is the Employment-Based Third Preference Category also known as EB-3?

The employment-based third preference category (or EB-3) is reserved for three types of subcategories of immigrants: skilled workers, professionals, or other workers. No matter the subcategory, immigrants must have an approved labor certification from the Department of Labor and a permanent full-time job offer from a U.S. employer.

What are the subcategories?

  • “Skilled workers” are defined as persons whose jobs require a minimum of 2 years training or experience, that is not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job offer. Relevant post-secondary education may be considered as training.
  • “Professionals” are defined as persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
  • The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

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It’s that time of the month again. Time to share the latest trends and projections of the July Visa Bulletin!

To help you prepare for your upcoming immigrant visa or green card filing, in this blog post, we share what you can expect to see in the upcoming month’s visa bulletin for family-sponsored and employment-based preference categories.

Here are some of the highlights from the July 2023 Visa Bulletin

Employment-based categories

  • EB-3 India will retrogress by more than 3.5 years to January 1, 2009. EB-3 for all countries except China will retrogress by 4 months to February 1, 2022.
  • EB-1, EB-2, and EB-5 cutoff dates will remain the same in July as before.
  • Dates for Filing cutoff dates in the employment-based categories remain the same as June.

Family-sponsored categories

Dates for Filing cutoff dates – Advancements in July:

  • F-1 Mexico will advance by 1 month to January 1, 2003 from December 1, 2002
  • F-1 China, India, World will advance by 8 months to September 1, 2017 from January 1, 2017
  • F2B Mexico will advance by 3 months to April 1, 2002 from January 1, 2002
  • F3 China, India, World will advance by 3 weeks to March 1, 2010 from February 8, 2010
  • F4 China and World will advance by 1 month to March 1, 2008 from February 1, 2008
  • F4 Mexico will advance by 2 weeks to April 15, 2001 from April 1, 2001

Final Action cutoff dates – Advancements in July:

  • F1 Mexico will advance by 3 weeks to April 22, 2001, from April 1, 2001
  • F2B Mexico will advance by 2 months to August 1, 2001, from June 1, 2001
  • F3 China, India, World will advance by 2 weeks to December 22, 2008, from December 8, 2008
  • F3 Mexico will advance by 2.5 months to January 15, 1998, from November 1, 1997
  • F4 China and World will advance by 2 weeks to April 22, 2007, from April 8, 2007

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories.

Adjustment of Status Filing Chart July 2023

The U.S. Citizenship and Immigration Services (USCIS) has not yet published guidance regarding the appropriate chart to use for adjustment of status filings in the month of July. Once the announcement is made, USCIS will indicate whether they will accept adjustment of status applications based on the Final Action Dates chart or the Dates for Filing chart. As soon as we have that information, we will provide it in this blog post.

You may also find the information here once it is published:

July 2023 Visa Bulletin Dates for Filing Cutoff Dates

 Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s July 2023 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories, which will determine whether an adjustment of status application can be filed with USCIS in July:

  • EB-1: All countries will remain current, except for India and China, which will have a cutoff date of February 1, 2022
  • EB-2: India will remain at January 1, 2011. China will remain at June 8, 2019. All other countries will remain at February 15, 2022
  • EB-3 Professionals and Skilled Workers: India will retrogress by 3.5 years to January 1, 2009, and China will remain at April 1, 2019. All other countries will retrogress by four months to February 1, 2022.
  • EB-3 Other Workers: India will retrogress by 3.5 years to January 1, 2009, China will remain at September 1, 2015. All other countries will remain at January 1, 2020.
  • EB-4: All countries will remain at September 1, 2018.
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will remain at September 8, 2015, and India will remain at April 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

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It’s that time of the month again. The Department of State has released the May 2023 Visa Bulletin, giving you the latest updates on visa availability for family-sponsored and employment-based preference categories.

To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the upcoming month’s visa bulletin.

Here are some of the highlights from the May 2023 Visa Bulletin:

  • For employment-based preference adjustment of status filings, USCIS will continue to use the Final Action Dates chart, as they did in April.
  • For the month of May, EB-1 India and China will maintain their Final Action cutoff date of February 1, 2022, and Dates for Filing cutoff date of June 1, 2022. All other countries remain current. DOS warns applicants that cutoff dates for EB1 China and India will likely retrogress in the near future.
  • For the month of May, the EB-2 India Final Action and Dates for Filing cutoff dates will remain at January 1, 2011, and May 1, 2012, respectively.
  • For all other countries, except China and India, the EB-2 Final Action cutoff date will retrogress by four and a half months to February 15, 2022. Their Dates for Filing cutoff date will remain at December 1, 2022.
  • In May, the EB-3 China Professional/Skilled Worker category will advance by five months to April 1, 2019, for Final Action, and by four months to June 1, 2019 for Dates for Filing.
  • The EB-3 India Professional/Skilled Worker Final Action date will remain at June 15, 2012, and the Dates for Filing cutoff will remain at August 1, 2012.
  • Future retrogressions are expected for EB-1 India and China in the coming months, as well as EB-2 and EB-5 India as early as June.

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The U.S. Department of State has released its March 2023 Visa Bulletin.

To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the employment based and family preference categories for the month of March.

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories.

To be eligible to file an employment-based adjustment of status application in March 2023, foreign nationals must have a priority date that is earlier than the Dates for Filing chart as listed in the Department of State’s March Visa Bulletin.

Those currently residing in the United States, may file for adjustment of status once their priority dates become current, following the Dates for Filing chart according to the adjustment of status filing guidance published by the U.S. Citizenship and Immigration Services (USCIS).

Adjustment of Status Filing Chart March 2023

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2023.

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In this blog post, we cover the release of the December Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of December.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filing Chart December 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for December 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for December 2022.

December 2022 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

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Happy Veterans Day! On behalf of our law office, we would like to thank the servicemen and women who have dedicated their lives to protect our country. We are grateful to you for the sacrifices you have made and your service.

We close off the week with a recent update from the U.S. Department of State regarding immigrant visa processing in Havana, Cuba.

According to a new announcement made yesterday, the U.S. Embassy in Havana, Cuba, will fully resume immigrant visa processing beginning January 4, 2023.

This will include processing of immigrant petitions for immediate relatives, other family preference categories, diversity visas, and K fiancé(e) visas.

For its part, the U.S. Embassy in Georgetown, Guyana, will continue processing of Cuban immigrant visa applications for those individuals who were scheduled to attend in-person interviews there through the end of December of this year.

Immigrant visa applicants whose appointments were originally scheduled in Georgetown will complete case processing in Georgetown.

Sadly, case transfers from Georgetown to U.S. Embassy, Havana are not available for applicants who have already been scheduled to attend interviews in Georgetown.

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In this blog post, we cover the release of the November Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of November.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filing Chart November 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for November 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2022.

November 2022 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s November 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: EB-2 China will remain at July 8, 2019 and EB-2 India at May 1, 2012. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India will remain at July 1, 2012, and EB-3 China will remain at July 15, 2018. All other countries will remain current.
  • EB–3 Other Workers: EB-3 China will remain at November 1, 2015, and EB-3 India will remain at July 1, 2012. A Date for Filing cut-off date of September 8, 2022, applies to all other countries.
  • EB-4: EB-4 El Salvador, Guatemala, and Honduras will remain at April 15, 2018, and EB-4 Mexico at October 15, 2020. All other countries remain current
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the Date for Filing for China will remain at January 1, 2016, India will have a Date for Filing cut-off imposed of December 8, 2019, and all other countries will remain current. For the EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure), the Date for Filing will remain current for all countries.

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Welcome back to Visalawyerblog. We kick off the start of a brand-new week with unfortunate news for asylum-based applicants for I-765 employment authorization.

New data from the U.S. Citizenship and Immigration Services (USCIS) indicates that the agency has been woefully inadequate at processing work permits, failing to meet the 30-day required processing time for employment authorization cards, also known as EADs, filed by asylum seekers.

By law, USCIS must process work permits (EADs) within 30 days of receipt of an asylum seekers I-765 application for employment authorization. However new data shows that USCIS has not been meeting this required timeline throughout 2022, and processing has been declining to a record low.

Data released by USCIS, as part of ongoing litigation, shows that during the last three weeks of February 2022, 93 percent of I-765 applications had been pending for at least 30 days. In March 2022, this figure plummeted to just 68 percent of I-765’s being processed within the 30 days.  Sadly, in recent months, the data shows that processing of EADs has been getting worse and worse on a monthly basis. For instance, in April of this year, this figure dropped to 41 percent of I-765 applications being processed within 30 days. In May the drop continued to just 21 percent, and in June to just 6 percent. Finally, this past month of July, the agency processed less than 5 percent of EAD applications within the required 30-day window. This trend puts on full display the asylum visa processing crisis with no end in sight.

The drop in EAD processing coincides directly with a court ruling handed down in February. USCIS appears to be clearing out the backlog by first processing work permit applications pending the longest, creating substantial delays for more recent applications for employment authorization.

The data indicates that the vast majority of applications USCIS processed over the past three months had been pending for more than 120 days (nearly 4 months).

Due to the EAD processing crisis, USCIS now faces a backlog of more than 77,000 pending work permit requests received by the agency within the past three months alone.

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In this blog post, we cover the release of the September Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of September.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filing Chart September 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for September 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for September 2022.

September 2022 Visa Bulletin Final Action Cutoff Dates

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s September 2022 Visa Bulletin, the following Final Action cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India remains unchanged at December 1, 2014, and China remains unchanged at April 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at February 15, 2012 and April 22, 2018, respectively. All other countries will remain current.
  • EB–3 Other Workers: For this category, the Department of State has established a worldwide cutoff date of May 8, 2019, to avoid exceeding the annual numerical limits. EB-3 India and China will remain unchanged at February 15, 2012 and June 1, 2012, respectively.
  • EB-5: The Department of State has taken corrective action by establishing a Final Action cutoff date which has advanced by one month to December 22, 2015, for the EB-5 China Unreserved Non-Regional Center (C5, T5, I5, and R5) categories. EB-5 Final Action dates will remain current for all countries and for all EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure).

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