Consulates

June 1, 2020

Presidential Proclamation Limiting Entry of Certain Chinese Students and Researchers

The Trump administration is setting their sights on a new enemy: students and researchers of the People’s Republic of China. A new presidential proclamation, “Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China,” issued on May 29, 2020, will temporarily suspend the entry into the United States of Chinese nationals seeking to enter the United States on an F or J visa to study or conduct research in the United States, except for student seeking to pursue an undergraduate course of study. The proclamation goes into effect at 12:00 pm (ET) today June 1, 2020 and will remain in effect until terminated by the President.

Specifically, the proclamation limits the People’s Liberation Army’s (PLA) ability to misuse nonimmigrant F student and J researcher visa programs.

Who will be suspended?

F or J Chinese nationals entering to study or conduct research in the United States and who either

Currently “receive funding from or who currently is employed by, studies at, or conducts research at or on behalf of… an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy’,” or
In the past “has been employed by, studied at, or conducted research at or on behalf of… an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy'”

The proclamation defines “military-civil fusion strategy” as “actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.”

Section 1 exempts F and J undergraduate students from the proclamation. In addition, graduate students and researchers are also exempt from the proclamation if they do not have any of the specific current or past funding, employment, study, or research nexuses with “an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy’.”

Why the Proclamation?

The proclamation was issued to protect the country’s national and economic security from attempts by the People’s Republic of China “to illicitly acquire American technology and intellectual property from our academic institution and research facilities for Chinese military ends.”

According to the Department of State, “[the country’s] concern is with the malign actions of the Chinese Communist Party and specific individuals, not with the Chinese people.” These actions were made as “a direct consequence of PRC government strategies and policies that exploit the access of some of China’s brightest graduate students and researchers, in targeted fields, to divert and steal sensitive technologies and intellectual property from U.S. institutions, taking undue advantage of our [country’s] open and collaborative academic and research environment.”

The U.S. government is particularly concerned that U.S. graduate students and researches will be targeted, co-opted, and exploited by the government of the People’s Republic of China for military gain.

May 25, 2020

What is happening with US Consulates and Embassies? When will they Reopen?

by Jacob Sapochnick

We have received an outpouring of emails, comments, and messages from our loyal followers asking when Consular posts and Embassies worldwide will reopen. We understand the frustration that our readers feel and sympathize with the world situation.

While USCIS has announced that in person appointments will resume on June 4^th, the Department of State has not yet released any updates regarding procedures for reopening Consulates and Embassies nationwide. Given that the pandemic is a fluid situation and travel restrictions vary from country to country, each Consulate and Embassy will reopen for in person services at a different pace.

For the moment, emergency consular services continue to be available and appointments can be scheduled for emergency related issues by contacting the US Consulate or Embassy directly. Click here for a complete list of US Consulate and Embassies including their contact information.

Outside of emergency services, the vast majority of consulates and embassies will continue to remain closed for in-person appointments for the time being. Most consulates and embassies have provided the following message on their webpage regarding availability of visa appointments:

We will resume routine visa services as soon as possible but are unable to provide a specific date at this time. The MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. If you have an urgent matter and need to travel immediately, please follow the guidance provided at https://ais.usvisa-info.com/ to request an emergency appointment or contact AIS by phone by dialing the local number: +374 60 465 986. If calling from the U.S. dial +1-703-520-2525 or contact by email weeac_contactus+gb+info+en@visaops.net to request an emergency appointment.

You can find the local AIS number by clicking on your country on the AIS website then scrolling to the bottom of the website and clicking on “Contact Us” under the “Help” section.

May 22, 2020

June 2020 Visa Bulletin: What to Expect?

by Jacob Sapochnick

The Department of State has released the visa bulletin for June 2020 outlining the availability of immigrant visa numbers for the upcoming month.

NOTE: Adjustment of Status Filing Charts June 2020

For Family-Sponsored Filings:
In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category may file for adjustment applications using the Final Action Dates chart for June 2020.

For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for June 2020.

For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for June 2020.

June Visa Bulletin Cutoff Dates

Employment Based Categories

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

EB-1: All countries remain current during the month of June except for China and India. EB-1 China moved forward by one month to August 15, 2017, while EB-1 India moved forward by more than 10 months to June 8, 2016.
EB-2: All countries remain current during the month of June except for China and India. EB-2 China moved forward by one month to November 1, 2015, and India moved forward by 10 days to June 12, 2009.
EB-3 Professional and Skilled Workers: All countries remain current except for India and China. Except for India and China all countries moved forward by more than ten months to November 8, 2017. Cutoff dates for China and India advanced by one month, with China moving ahead to June 15, 2016, and India moving ahead to April 1, 2009.
EB-5: Most countries remain current. EB-5 China moved forward by two weeks to July 15, 2015; EB-5 India moved forward by three months to January 1, 2020; and Vietnam moved forward by three weeks to April 22, 2017.

Cutoff dates in the Dates for Filing Chart for June have remained mostly the same in comparison to the previous month, the only change is for EB-4 El Salvador, Honduras, and Guatemala which moved forward four and a half months to February 1, 2017. USCIS will accept adjustment applications based on the Final Action Dates chart for June 2020, the same as last month.

Final Action Dates Chart

Family-Sponsored Categories

According to the Department of State’s June Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:

**Note only applicants in the F2A category may file using the Final Action Dates chart for June 2020 to file adjustment applications. All other family-sponsored preference categories must use the Dates for Filing chart.

Dates for Filing Chart

Alert Regarding the April 22^nd Presidential Proclamation

As you may be aware President Trump’s April 22^nd presidential proclamation suspends the issuance of immigrant visas at U.S. Consulates worldwide for certain classes of immigrants until June 22, 2020, assuming the proclamation is not extended beyond this date. As Consulates worldwide begin to reopen, consular officers will enforce the presidential proclamation by refusing immigrant visas to those who were outside of the United States as of 11:59 p.m. EDT on April 23, 2020, have not been issued an immigrant visa or similar U.S. travel document, and are not otherwise exempt from the proclamation. The following types of immigrants have been specifically exempted from the proclamation and are eligible for visa issuance in June:

Applicants for EB-5 immigrant visas;
Spouses of U.S. citizens;
Children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications;
Foreign nationals seeking to enter on an immigrant visa as a physician, nurse or other healthcare professional, as well as their spouse and unmarried children under 21;
Foreign nationals whose entry would further important U.S. law enforcement objectives;
Members of the U.S. armed forces and the spouses and children of such individuals;
Foreign nationals seeking to enter as Special Immigrants in the SI or SQ classification, and the spouse and children of such individuals; and
Foreign nationals whose entry is in the U.S. national interest.

May 18, 2020

House Passes HEROES Act: What Is It and Will it Survive the Senate?

by Jacob Sapochnick

The House of Representatives has introduced a new bill called the HEROES Act, (Health and Economic Recovery Omnibus Emergency Solutions Act), that provides short term financial relief during this health crisis. In this post, we discuss who would be covered under the HEROES Act and what type of relief would be provided by the Act.

To become law, the HEROES Act will need to be approved by the Senate and signed by the President. The President has openly voiced his opposition for the bill because the bill authorizes federal funds for undocumented immigrants. The bill will likely receive push back in the Republican controlled Senate or at the very least be subject to significant changes. Nonetheless if the bill fails, it will at least provide a foundation upon which Congress can reach a compromise.

What is it?

The HEROES Act is a $3 trillion bill that would provide stimulus checks to individuals who did not previously qualify for stimulus checks under the CARES Act (Coronavirus Aid, Relief, and Economic Security), such as undocumented immigrants.

Relief for Undocumented Individuals

The HEROES Act would provide temporary relief from deportation for undocumented immigrants working in essential fields such as health care workers and allow them to apply for employment authorization throughout the period of the pandemic. In addition, unlike the CARES Act, undocumented immigrants and their families would be eligible to receive stimulus checks. The HEROES Act would allow direct payments to be issued in the amount of – $1,200 for an individual, $2,400 for joint filers, and $1,200 for up to three dependents. The HEROES Act would also authorize undocumented immigrants to be eligible for the first round of stimulus checks sent out in April. The Act also proposes additional health care benefits for immigrants who are eligible for Medicaid and would require immigration authorities to release people from immigration detention where possible.

Low-Risk Detainees

The HEROES Act would require Immigration and Customs Enforcement (ICE) to evaluate the files of detained immigrants and release those who are not subject to mandatory detention, and those who do not pose a risk to national security. In the alternative the HEROES Act would encourage ICE to pursue low-cost alternatives to detention for low-risk immigrants such as requiring detainees to wear ankle bracelet monitors.

The bill would also require detention facilities to provide detainees with free and unlimited soap, as well as phone and video call accessibility to communicate with family and legal representatives.

Expedited Processing for Foreign Medical Workers

The HEROES Act would require expedited visa and green card processing for foreign medical workers seeking to practice medicine, conduct medical research, or pursue education or training to combat COVID-19. Consulates and Embassies worldwide would also be required to prioritize visa interviews for these workers, granting emergency appointments in person or teleconference appointments. Foreign doctors who have completed residency programs in the United States would be eligible to receive permanent residence on an expedited basis. Medical professionals in H-1B status would be eligible to transfer between hospital systems without having to apply for a new visa. In addition, medical students would be eligible to transfer rotations within their host institution and would be compensated for their work throughout the pandemic. In addition, such students could work outside of their approved program so long as their work relates to fighting COVID-19.

May 14, 2020

USCIS Proposes Sweeping Changes to Affidavit of Support

by Jacob Sapochnick

The government is yet again proposing sweeping changes to current immigration policy, this time targeting Form I-864, Affidavit of Support.

By law, petitioners seeking to immigrate their immediate relative to the United States are required to submit Form I-864 affidavit of support, to ensure to the government that the foreign national will not become a public charge once they have entered the country.

This is true regardless of whether the immigrant is applying for an immigrant visa overseas, or whether the immigrant is adjusting their status to lawful permanent resident in the United States.

The affidavit of support has recently been the subject of intense scrutiny by the Trump administration.

The President has been primarily concerned with alien’s obtaining government benefits that they are not entitled to receive and has sought to enforce a sponsor’s obligations to reimburse the government for any monies paid out to aliens.

May 7, 2020

UPDATES: USCIS Extends Flexibility Policy for RFEs, NOIDs, I-290bs, and more

by Jacob Sapochnick

Welcome back to Visalawyerblog! In this post we will discuss a few recent updates released by the United States Citizenship and Immigration Services (USCIS).

UPDATE: USCIS Extends Flexibility Policy for RFEs, NOIDs, I-290bs, and more

Due to the ongoing circumstances relating to COVID-19, USCIS will continue to provide flexibility in responding to certain deadline-oriented requests, provided the notice or decision requesting the additional evidence was issued between March 1^st and July 1^st.

What types of documents will USCIS provide flexibility for?

Flexibility will be provided for the following:

Requests for Evidence
Continuations to Request Evidence (N-14)
Notices of Intent to Deny
Notices of Intent to Revoke
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers and
Filing date requirements for Form I-290B, Notice of Appeal or Motion

To reiterate, flexibility will only be granted for notices or decisions with an issuance date between March 1^st and July 1^st. Notices issued before March 1^st or after July 1^st will not receive this leniency.

When can I respond to my notice or decision?

USCIS will accept responses to any of the above notices or decisions if they are received within 60 calendar days after the response deadline set in the initial request or notice.

This will provide relief to individuals who need more time to acquire necessary documents requested by USCIS from offices and agencies that are currently closed due to COVID-19.

Military Personnel and Veterans Eligible to File Form N-400 Online

USCIS recently announced that U.S. service members and veterans can now apply for naturalization on Form N-400 online.

This is an exciting new development because these applicants will not only be able to file their application and documents electronically, they can also check the status of their case and receive notices from USCIS online. In addition, USCIS will be using previously submitted biometrics where available. Where biometrics are not available, a U.S. service member stationed outside the U.S., can submit two properly completed FD-258 fingerprint cards and two passport style photos taken by the military police, officials with DHS, the U.S. Embassy or Consulate.

Please note that aliens currently serving or who have served in the armed forces may be eligible for naturalization under special provisions of immigration law. These individuals would have their application fee waived.

May 4, 2020

Ninth Circuit Panel Upholds Injunction Preventing Trump Administration From Implementing Health Care Ban

by Jacob Sapochnick

Great news has come down from the U.S. Court of Appeals for the Ninth Circuit this afternoon.

Dealing a blow to the Trump administration, the court issued a majority decision denying the federal government’s motion to lift a lower court injunction that prevented the government from implementing Presidential Proclamation No. 9945, signed by the President on October 4, 2019.

The Proclamation attempted to bar certain individuals from entering the United States pursuant to an immigrant visa, unless they could demonstrate (1) that they would be covered by certain approved health insurance within 30 days of entry or (2) that they had the sufficient financial resources to cover foreseeable healthcare costs.

May 1, 2020

The Healthcare Workforce Resilience Act Proposes Relief for Nurses and Physicians applying for Green Cards

by Jacob Sapochnick

We are pleased to report the introduction of a brand-new Senate bill called the Healthcare Workforce Resilience Act, sponsored by Senators David Perdue, Todd Young, Dick Durbin, and Chris Coons. The purpose of the bill is to increase the number of health care workers available to meet the demand of the COVID 19 pandemic.

If passed, the Healthcare Workforce Resilience Act, would allow nurses and physicians with approved immigrant visas the ability to adjust their status, so that they can help our nation fight the coronavirus and have a durable immigration status.

As you know, there are currently thousands of nurses and doctors stuck overseas waiting in line for green cards to become available, despite a grave need for their services during this public health crisis. What’s worse is that many of these workers already have approved immigrant petitions but are prevented from serving our communities due to the long visa backlogs.

The bill would authorize the U.S. Citizenship and Immigration Services (USCIS) to “recapture” up to 25,000 immigrant visas for nurses and 15,000 immigrant visas for physicians. USCIS would also recapture immigrant visas for the families of these medical professionals.

These recaptured visas would be drawn from the pool of unused employment-based visas that Congress has previously authorized. These visas would be issued in order of priority date and would not be subject to the country caps. To facilitate timely action, premium processing would be applied to qualifying petitions and applications. Furthermore, the bill would direct the Department of Homeland Security and Department of State to prioritize visa appointments for fully qualified nurses and physicians to enter the United States as fast as possible.

April 26, 2020

Lawsuit Filed in Federal Court Challenging the Executive Order’s Application to Beneficiaries in Danger of “Aging out”

by Jacob Sapochnick

It’s been just a few days since President Trump signed his long awaited executive order entitled, “Proclamation Suspending the Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” and already it is being challenged in federal court.

On April 25, 2020, the first of what is sure to be many lawsuits, Doe v. Trump, was filed in the United States District Court for the District of Oregon challenging the President’s new executive order.

The lawsuit was filed by several individuals and the organization Latino Network against President Trump and the federal government.

Plaintiffs in this case have filed an emergency motion for a temporary restraining order to block the government from enforcing the new executive order, because the executive order does not contain exceptions that preserve the opportunity to request urgent or emergency services for immigrant visa applicants, including for children of immigrants who are at risk of aging out of their current visa eligibility status “by the simple passage of time.”

The lawsuit is concerned specifically with children who are in danger of aging out of their place in the visa queue because they do not have access to emergency services that would have otherwise been available had the proclamation not been issued.

“Without access to such emergency services, children whose underage preference relative status will result in unnecessary and prolonged family separation “for years—or even decades,” the lawsuit says.

April 24, 2020

May 2020 Visa Bulletin: What to Expect?

by Jacob Sapochnick

The Department of State has released the visa bulletin for May 2020 outlining the availability of immigrant visa numbers for the upcoming month.

Please note:

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

May Visa Bulletin Cutoff Dates

According to the Department of State’s May Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa:

EB-1: All countries except for China and India will become current on May 1. China will advance by five weeks to July 15, 2017, while India will advance by three months to August 1, 2015.
EB-2: China will advance by one month to October 1, 2015, and India will advance by one week to June 2, 2009. All other countries will remain current.
EB-3 Professional and Skilled Workers: All countries except India and China will remain retrogressed at January 1, 2017. Cutoff dates for China and India will advance, with China moving ahead by one month to May 15, 2016, and India moving ahead by more than five weeks to March 1, 2009.
EB-5: Most countries will remain current. China will advance by more than six weeks to July 1, 2015; India will advance by nine months to October 1, 2019; and Vietnam will advance by just under two months to April 1, 2017.

Employment-Based Priority Cut-off Dates for May 2020

USCIS recently announced that it will honor Final Action dates for adjustment of status filings in May. In order to file an employment-based adjustment of status application next month, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country. This is the second consecutive month that USCIS has chosen the Final Action Dates chart, after several months of honoring the Dates for Filing chart.

The May Final Action Dates chart is current for EB-1 countries worldwide, after several months of retrogression.

How will the President’s Executive Order affect immigrant visas?

The President’s executive order will temporarily suspend and limit the entry of foreign nationals seeking an immigrant visa at a U.S. Consulate abroad. Although the order will apply for the next 60 days, the order will have little practical effect on immigration, given that U.S. Consulates and Embassies worldwide have suspending the issuance of all visas until the COVID-19 pandemic subsides.

If U.S. Consulates and Embassies resume operations within the next 60 days, the executive order will prevent foreign nationals from obtaining immigrant visas at U.S. Consulates worldwide. The suspension will apply to individuals who, as of Wednesday, were outside of the United States, do not have an immigrant visa, do not have official travel documents other than visas, and have not been exempted by the executive order.