Visa Lawyer Blog

Articles Posted in CR-2

by

july-5404922_1280We are pleased to inform our readers that today June 10th, the U.S. Department of State’s Bureau of Consular Affairs released the July Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories during the month of July.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that in July it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence.

For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence.

Highlights of the July 2024 Visa Bulletin

Employment-Based Categories

Final Action Dates

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will advance by eleven months to February 1, 2022
  • EB-1 China will advance by two months to November 1, 2022
  • EB-1 All other countries will remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by two months to June 15, 2012
  • EB-2 China will advance by one month to March 1, 2020
  • EB-2 All other countries will advance by two months to March 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by one month to September 22, 2012
  • EB-3 China will remain at September 1, 2020
  • EB-3 All other countries will retrogress by eleven months and three weeks to December 1, 2021

EB-3 Other Workers

  • EB-3 India will advance by one month to September 22, 2012
  • EB-3 China will remain at January 1, 2017
  • EB-3 Philippines will remain at May 1, 2020
  • EB-3 All other countries will advance by almost three months to January 1, 2021

Continue reading

by

news-7091305_1280

On May 13, 2024, the State Department announced record breaking milestones including the issuance of a whopping 5.2 million nonimmigrant visas at U.S. Embassies and Consulates worldwide in the first half of fiscal year 2024 – more than any previous year over the same period.

In the past six months alone, 30 percent of U.S. Embassies and Consulates worldwide set all-time records for nonimmigrant visas issued.

In particular, travel and tourism has been a focal point for the State Department considering that international visitors contribute as much as $239 billion annually to the U.S. economy and support approximately 9.5 million jobs.

Some of the key highlights from the State Department’s announcement are as follows:

In the first half of fiscal year 2024:

  • Almost 4.1 million B visitor visas and border crossing cards were issued for tourists and temporary business travelers worldwide, with nearly two-thirds from Mexico, India, Brazil, the People’s Republic of China, Colombia, Argentina, the Dominican Republic and Ecuador.

By the middle of fiscal year 2024, the State Department issued:

  • Approximately 134,000 visas for exchange visitor program participants and 115,000 visas for students. International students contributed almost $38 billion to the U.S. economy in the year 2022 and made up more than 335,000 jobs
  • A record breaking 205,000 visas were issued for temporary or seasonal workers in agriculture and other sectors
  • Almost 160,000 nonimmigrant visas were issued to airline and shipping crew members to support global transportation and supply chains—the second-highest half-year issuance record in this category in history
  • Almost 25,000 employment-based immigrant visas—75 percent more than same period in fiscal year 2019

Continue reading

by

speech-7228844_1280

The long-awaited May 2024 Visa Bulletin has arrived! If you’d like to know all about the projected movement of the employment-based and family-sponsored categories in the month of May, we’ve got you covered.

Highlights of the May 2024 Visa Bulletin

Dates for Filing Chart

For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of the F2B category for Mexico which will advance by 1 month to September 1, 2004. Additionally, F3 Worldwide, China, and India will advance by 3 months to June 1, 2010. Finally, F4 India will advance by 2.2 months to June 15, 2006, F4 Mexico will advance by 1 week to April 22, 2001, and F4 Philippines will advance by over 1 month to June 1, 2005.

For the employment-based petitions, the Dates for Filing remain unchanged from the previous month.

Employment-based categories Final Action Chart

The Final Action Dates Chart shows no movement for all employment-based preference categories.

Family-sponsored categories

Movement in the Final Action Dates

On the other hand, the Final Action Dates Chart for the family-sponsored categories advanced in almost all categories as follows:

  • F1 Mexico will advance by 5.5 months to October 15, 2001
  • F1 Philippines will remain the same at March 1, 2012
  • F1 All other countries will advance by 4.9 months to July 8, 2015
  • F2A Mexico will advance by 2.8 months to November 8, 2020
  • F2A Philippines will advance by 8.7 months to June 1, 2021
  • F2A All other countries will advance by 8.7 months to June 1, 2021
  • F2B Mexico will advance by 4.3 months to March 1, 2004
  • F2B Philippines will remain at October 22, 2011
  • F2B All other countries will advance by 4.3 months to April 1, 2016
  • F3 Mexico will advance by 10.4 months to July 22, 1999
  • F3 Philippines will advance by 1.8 months to August 1, 2002
  • F3 All other countries will advance by 3 months to January 1, 2010
  • F4 Worldwide and China will advance by 1.4 months to July 22, 2007
  • F4 India will advance by 1 month to January 15, 2006
  • F4 Mexico will advance by 3.3 months to January 22, 2001
  • F4 Philippines will advance by 2.8 months to September 8, 2003

Continue reading

by

international-2681369_1280

In this blog post, we share with you an important update from the U.S. Embassy in Israel.

If you have a pending nonimmigrant or immigrant visa application awaiting an interview at the U.S. Embassy in Jerusalem or U.S. Embassy Branch Office in Tel Aviv, you should be aware that visa services have been temporarily suspended at these missions due to the ongoing conflict in the region.

The U.S. Embassy in Israel will be focusing its resources to plan the evacuation and departure of U.S. Citizens from the region.

Starting October 13th, the government arranged charter flights to assist U.S. Citizens and their immediate family members to depart Israel.

U.S. citizens in need of assistance must complete the crisis intake form here.

Applying for a Nonimmigrant Visa at a Neighboring U.S. Consulate or Embassy

If you have an urgent need to travel to the United States and do not currently have a nonimmigrant visa, you may apply for your visa at another U.S. Embassy or Consulate other than Jerusalem or Tel Aviv.

You must contact the nonimmigrant visa unit at the neighboring Embassy or Consulate to determine whether they will accept your application as a third-country national.

The U.S. Consulates in Canada allow third-country nationals to apply for visas including Israelis. Alternatively, please check with the specific Consulate regarding their instructions for requesting expedited interview appointments for emergency travel. In most cases, once you have submitted your DS-160 online nonimmigrant visa application and paid the necessary visa fees on the U.S. Department of State Visa Appointment Services webpage, you may request an expedited appointment. More information about expedites can be found on the ‘Frequently Asked Questions’ portion of each country webpage by navigating to the bottom of the DOS Visa Appointment Service and selecting “Answers to Common Questions.”

Continue reading

by

november-5650854_1280

The November Visa Bulletin has arrived! In this blog post we share with you the changes that you can expect to see in the visa bulletin for the upcoming month of November.

Whether you are applying for an immigrant visa at a U.S. Consulate overseas or applying for adjustment of status to permanent residence in the United States, you won’t want to miss these important updates.

Overview

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. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.

What are the preference categories that are subject to the numerical limitations?

The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

Continue reading

by

autumn-20461_1280

In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the October Visa Bulletin.

This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.

Overview

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. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.

What are the preference categories that are subject to the numerical limitations?

The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

Continue reading

by

maddi-bazzocco-dMiA8hyMNaU-unsplash-scaled

We are happy to report that the August Visa Bulletin has been released!

As we do every month, we share what you can expect to see in the upcoming month’s visa bulletin for family-sponsored and employment-based preference categories to help you prepare for your immigrant visa filing at a U.S. Consulate overseas, or your green card filing for those residing in the United States.

Highlights of the August 2023 Visa Bulletin

Employment Based Categories

Final Action cutoff dates – Retrogressions in August:

  • EB-1 India will retrogress by more than 10 years to January 1, 2012, in August 2023. The State Department indicates that depending on usage in the category and on the FY 2024 annual numerical limit, it is likely that in October 2023 the cutoff date will return to at least February 1, 2022
  • EB-1 Worldwide, China: The State Department has imposed a final action cutoff date for EB-1A Worldwide for all countries except China, at August 1, 2023. The EB-1 China Final Action Date will remain at February 1, 2022.
  • EB-2 Worldwide, China:  EB-2 China will advance by one month, to July 8, 2019. The Final Action Date for EB-2 India will remain at January 1, 2011. The EB-2 Worldwide Final Action Date will advance by six weeks, to April 1, 2022 for all other countries.
  • EB-3: The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019. EB-3 India Professional/Skilled Worker will remain at January 1, 2009. For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.

Family-sponsored categories

Dates for Filing cutoff dates – Advancements in August:

  • F-1 Mexico will advance by 2 years and 3 months to April 1, 2005 from January 1, 2003
  • F2A will remain current for all categories
  • F2B Mexico will advance by 2 years and 4 months to August 1, 2004 from April 1, 2002

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 August 2023

The U.S. Citizenship and Immigration Services (USCIS) has published guidance indicating that USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s August 2023 Visa Bulletin.

For family-sponsored filings, USCIS will accept adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s August 2023 Visa Bulletin.

You may also find the Adjustment of Status USCIS Filing Charts here:

August 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 August 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 the month of August:

  • EB-1: China remains unchanged at February 1, 2022. India will retrogress by 10 years and 1 month, to January 1, 2012. All other countries will receive a final action cutoff date of August 1, 2023.
  • EB-2: India will remain at January 1, 2011. China will remain by 1 month to July 8, 2019. All other countries will advance by 6 weeks to April 1, 2022
  • EB-3 Professionals and Skilled Workers: India will remain at January 1, 2009. China will advance by 2 months to June 1, 2019. All other countries will retrogress by 1 year and 9 months to May 1, 2020.
  • EB-3 Other Workers: India will remain at 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), India will remain at April 1, 2017, and China will remain at September 8, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Continue reading

by

boy-gb1e2285a2_1280

This past week, the U.S. Department of Homeland Security announced the implementation of a new Family Reunification Parole (FRP) program for foreign nationals of Colombia, El Salvador, Guatemala, and Honduras, that falls in line with previous governmental policies aimed at reducing unlawful migration.

The program will benefit nationals of such countries whose family members are U.S. citizens or lawful permanent residents and have received approval to join their family in the United States.

Nationals of these countries can be considered for parole on a case-by-case basis for a period of up to three years while they wait to apply to become a lawful permanent resident. This means that those who are eligible for parole will have the opportunity to lawfully reside inside of the United States while applying for lawful permanent residence for a period of up to three years.

The Secretary of the Department of Homeland Security Alejandro N. Mayorkas, said that “These new processes promote family unity and provide lawful pathways consistent with our laws and our values,” and will allow for the expansion of safe, orderly, and lawful pathways to reduce “dangerous, irregular migration to the United States.”

Continue reading

by

eye-gd012fb6ce_1280

The Department of State raised eyebrows earlier this month when it released information that it will be reducing the waiting period for 221(G) “administrative processing,” in an effort to process visas more efficiently.

While this is welcome news, in practice it may not mean much. Consulates and Embassies have been notoriously secretive when it comes to 221(G) administrative processing and do not reveal the reason for a visa applicant being placed in administrative processing in the first place, nor the type of security checks that are being conducted.

What is 221(G) Administrative Processing?

First, let’s explain what administrative processing is. When an applicant visits a U.S. Consulate or Embassy overseas for their visa interview, there are only two possible outcomes that can occur at the conclusion of their interview. The Consular Officer may choose to either issue or “refuse” the visa. A refusal is not the same as a denial. It simply means that the visa applicant has not established his or her eligibility for the visa they are seeking for the time being, and the Consulate needs additional time or requires further information either from the visa applicant or another source to determine the applicant’s eligibility for the visa.

In most cases, visa applicants who have been “refused” will require further administrative processing.

How will I know if I have been placed in 221(G) administrative processing?

Visa applicants placed in administrative processing are often given what is called a “Notice of 221(G) Refusal” at the conclusion of their interview, which states that the visa application has been “refused” under section 221(G) of the Immigration and Nationality Act. The Notice should indicate whether additional administrative processing is required for your case, and whether any further action is required on your part, such as providing additional documentation or further information to process your visa.

However, in some cases visa applicants are not given such a Notice and will later discover that they have been placed in 221(G) administrative processing upon checking their visa status on the Consular Electronic Application Center (CEAC) visa status check webpage.

Continue reading

by

lightbulb-gf78d3a432_1920

In this blog post we share with you the latest trends and projections of the June Visa Bulletin, and 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 June 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 May.
  • Similarly, for family-sponsored preference adjustment of status filings, USCIS will continue to use the Dates for Filing chart, as they did in May.
  • For the month of June, EB-1 and EB-2 cutoff dates will remain the same for all countries.
  • For EB-3 cutoff dates for all countries and categories will remain the same, with the exception of China “Other Workers,” advancing slightly.
  • Future retrogressions are expected for EB-3 India in the coming months including Professional/Skilled Workers, as well as July 2023.

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 June 2023, foreign nationals must have priority dates that are earlier than the Final Action Dates chart of the Department of State’s May Visa Bulletin.

Family-sponsored applicants 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).

Continue reading