Articles Posted in Diversity Immigrants

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the November Visa Bulletin 2021 and what you can expect for employment based and family preference categories during the month of November 2021.

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.

If you would like to follow along on each month’s progress for the Visa Bulletin please be on the lookout for the “Chats with Charlie” series on the DOS YouTube Channel. 

Chats with Charlie is a monthly series recently launched by the State Department where Charlie Oppenheim, Chief of the Immigrant Visa Control & Reporting Division of the U.S. Department of State, answers your frequently asked questions regarding each month’s Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with “Chat with Charlie Question” in the subject line.


Adjustment of Status Filings for those lawfully residing in the United States


In general, if USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the agency will provide instructions on the www.uscis.gov/visabulletininfo webpage that applicants may use the Dates for Filing chart. Otherwise, USCIS will indicate that applicants must use the Final Action Dates chart to determine when they may file their adjustment of status application with USCIS. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

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Happy Columbus Day! In this blog post, we share important updates regarding the Diversity Visa Lottery Program for fiscal year 2023.


What you need to know


The State Department is now accepting online registrations for the Diversity Visa Lottery program for Fiscal Year (FY) 2023 (registration opened Wednesday, October 6, 2021, at noon EDT).

Foreign nationals who want to have a chance of being selected must register for the lottery by Tuesday, November 9, 2021, at noon EST online.

The Fiscal Year 2023 DV lottery program will have up to 55,000 green cards up for grabs that will be selected through a randomized computer-generated process. Winners for FY 2023 are expected to be announced in May 8, 2022.


Why should I apply?


Foreign nationals selected in the FY 2023 lottery are eligible to file their green card applications starting on October 1, 2022.


Am I eligible to enter?


You are eligible to participate if you meet the following requirements.

Requirement #1: You must be a native of a country with historically low rates of immigration to the United States to enter

Click here for the complete list of countries eligible (p. 16 to 20).

If you are not a native of a country with historically low rates of immigration to the United States, there are two other ways you might be able to qualify.

  • Is your spouse a native of a country with historically low rates of immigration to the United States? If yes, you can claim your spouse’s country of birth – provided that you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States at the same time.
  • Are you a native of a country that does not have historically low rates of immigration to the United States, but in which neither of your parents was born or legally resident at the time of your birth? If yes, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2023 program.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s October 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppenheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.

Questions for Charlie can be emailed in advance to VisaBulletin@state.gov ahead of each monthly session with “Chat with Charlie Question” in the subject line.

Be sure to subscribe to the State Department’s YouTube Channel and turn on your notifications so you do not miss any of these important updates.

Below are the highlights of the visa projections for October 2021.


DOS Q&A Session with Charlie Oppenheim: October 2021 Visa Bulletin Projections & Beyond



The Top 9 Advance Questions Sent in By Listeners


Q: Last month, when describing the National Visa Center’s processing of cases, you mentioned a change in terminology from “documentarily qualified” to “documentarily complete.” Why the change and what’s the difference?

A: Well, the terminology means exactly the same thing. It’s my understanding that in changing it to “complete,” the National Visa Center was trying to make it very clear to the applicant that they had submitted all the required documents, that all those documents have been reviewed by the National Visa Center, and the case is considered to be “complete” and ready for the potential processing at an overseas post when an interview can be scheduled.

Q: In the September Visa Bulletin, the application dates for filing which are listed for China and India EB-3 were July 1, 2019, and March 1, 2014, respectively. But in the October Visa Bulletin, the dates for filing for China and India EB-3 were moved back to January 15, 2019, and January 8, 2014, respectively. Why did you move these two application dates backwards?

A: Each month before I’m making the determination of the final action dates and the application dates, I consult with USCIS officials and their inventory projections show that on October 1, 2021, coming up, the pending demand which both the State Department and USCIS has in the employment third preference category for applicants born in India and China will already exceed the amount of numbers that are available to applicants from those countries throughout fiscal year 2022 in the third preference category. Therefore, for that reason we made the decision to retrogress those application dates for filing to limit new applications, which we did not at the time anticipate could be processed during fiscal year 2022. But it is important to remember that as with the final action dates, we always continue to monitor the situation very carefully and that allows us to determine what if any future action will be required.

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Welcome back to Visalawyerblog! In this blog post, we bring you a new update from the U.S. Department of State regarding the status of immigrant visa processing at U.S. Embassies and Consulates overseas. Today, the Department of State released an update reminding immigrant visa applicants that consular interview appointments are being scheduled using a four-tiered system that generally triages immigrant visa applications based on a system of priority.

The update adds that where possible, Consular posts and Embassies will attempt to schedule some appointments within all four priority tiers every month. These attempts will be made to help reduce the massive backlog caused by the COVID-19 pandemic and operational constraints. The new update also carves out priority exceptions for certain healthcare workers seeking immigrant visas.

Applicants should keep in mind that public health and safety remain a paramount concern amid the COVID-19 pandemic. Consular posts and Embassies are continuing to do the best they can depending on local conditions to schedule interview appointments according to the priority schedule, taking into account restrictions on movement and gathering imposed by host country government.

It is also important to consider that posts overseas must abide by U.S. government guidance on safety in the workplace and are following social distancing protocols and safety measures which have reduced the number of applicants consular sections are able to see in a single day.  Consular sections will only resume routine visa services when it is safe to do so based on the particular geographic location.


The Department of State’s Four-Tiered Prioritization Schedule


The Department of State has said that while all immigrant visa categories are important, during the pandemic, it has been forced to make difficult decisions regarding how it will prioritize immigrant visa applications as they operate at limited capacity and work through the substantial backlogs of immigrant visa cases.

Having considered the difficult circumstances all applicants face, the Department of State has followed a guiding principle for immigrant visa prioritization, with family reunification being a top priority for the U.S. Government. The State Department’s prioritization schedule highlights Congressional objectives calling upon the agency to adopt policies that prioritize immediate relative visa applicants and K-1 fiancées of U.S. citizens, followed by family preference immigrant visa applicants.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s September 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppenheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.

Questions for Charlie can be emailed in advance to VisaBulletin@state.gov ahead of each monthly session with “Chat with Charlie Question” in the subject line.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s August 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppnheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.

Questions for Charlie can be emailed in advance to VisaBulletin@state.gov ahead of each monthly session with “Chat with Charlie Question” in the subject line.

Be sure to subscribe to the State Department’s YouTube Channel and turn on your notifications so you do not miss any of these important updates.

Below are the highlights of the trends and visa projections for August 2021 and beyond.


DOS Q&A Session with Charlie Oppenheim: August 2021 Visa Bulletin Projections & Beyond


 

Charlie Oppenheim advises against sending “mass like” chain emails to the Charlie Chats email address

Before we get into the questions for this session, I wanted to add that I have seen a significant number of questions being received that maybe online chat groups have provided in a suggested “copy this text” approach that were sent to the Charlie Chat email address. I want to say that this is a very unproductive approach to asking questions, since we must open a significant number of messages with the same question, and that diminishes our ability to review the hundreds and hundreds of questions which are coming in each month. Therefore, it’s likely that we may miss important questions which listeners would like addressed. I am happy to see questions come in but this massive number of duplicates is unproductive to the listener group.


The Top 8 Advance Questions Sent in By Listeners


Q: I submitted all my documentation to NVC a long time ago and I confirmed on their website that everything is completed correctly. My priority date became eligible in March, but I have not yet been scheduled for my final visa interview. Why haven’t I been scheduled despite the eligibility and when can I expect to be scheduled?

A: This is a question we have been getting a lot. It’s important to say that throughout the COVID-19 pandemic, the NVC has continued to schedule appointments and is warehousing cases for Consular sections that have not been able to resume the routine Immigrant Visa processing. Depending on the country’s local restrictions and resources, the Consular sections abroad provide their projected capacity for scheduling to the NVC about 30-60 days in advance.

This allows NVC to begin scheduling those appointments and getting the information out to the applicants early. Other than age-out cases, inter-country adoption cases, and expedite requests, based on certain FAM regulations upon visa availability, the NVC schedules their Immigrant Visa appointments for visa categories in chronological order, based on the date in which the case was deemed “documentarily qualified,” meaning they have been asked to submit certain required documents, all those documents have been received, and have been verified. Then the NVC fills the available appointment slots in a first come, first out manner within each visa class, in accordance with each Consular section’s capacity.

I would advise listeners to refer to the guidance on the NVC Immigrant Visa backlog report website to view the worldwide data count of applicants which have been processed by NVC. Then that will determine how many have become documentarily complete. NVC and the overseas posts are trying to get to all the appointments and applicants as quickly as possible. It’s being done in chronological order and basically, they’re having to catch up on cases that could have been scheduled as far back as March 2020.

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We are excited to share with you some new updates regarding the immigrant visa backlog.

On May 25, 2021, the U.S. Department of State: Bureau of Consular Affairs, hosted a live YouTube Question and Answer session with Neal Vermillion, Division Chief at the U.S. Visa Office of the Bureau of Consular Affairs, where he discussed how Consular sections have been prioritizing cases during the phased resumption of visa services, and information about the status of the current immigrant visa backlog worldwide.

Neal Vermillion works directly with the Office of Field Operations, which is a government agency that provides guidance to Consular sections including Embassies and Consulates around the world. He has worked with the Department of State since the early 2000’s in various roles and has invaluable expertise on visa operations at Consular sections around the globe.

In this post, we will share with you the highlights of this session which you may find useful to determine the progress of your visa and what you can expect with regard to visa processing in the coming months.


DOS Q&A Session with Neal Vermillion: Immigrant Visa Backlog Q&A



Neal’s Introductory Remarks

I would first like to say a few remarks before we get to that question and the other specific ones. In terms of the history, here we are almost June 2021. Those of you that follow our immigrant visa processing overseas know, we actually shut down due to the pandemic. Visa processing shut down for several months last year at this time, and we really didn’t start the reopening process until July of last year. This is one significant factor that is leading to this backlog discussion that we are having today.

Another point I want to highlight that is another prong of why we are where we are is, you may recall, last spring as well, then President Trump signed Presidential Proclamation 10014, which President Biden rescinded in late February of this year, but that Proclamation prevented the issuance, even when we were open and our Consular sections were processing some visas, that prevented the issuance and travel of many many different types of immigrant visas.

A third prong as we’re talking about Presidential Proclamations, is … some of you may be aware, there are actually still in effect geographic Proclamations, as we call them, which basically are again Presidential Proclamations that have been issued to help protect the homeland, protect health and security.

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Welcome back to Visalawyerblog! We kick off the start of a brand-new week with an overview of the June 2021 Visa Bulletin. Follow along as we provide you with an overview of the State Department’s monthly Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State.

In this post, we summarize Charlie’s Visa Bulletin projections for the upcoming month of June 2021 and beyond.

We recommend our followers to subscribe to the State Department’s YouTube Channel to catch all of the details relating to the agency’s new monthly series on its YouTube channel.

This new series will feature a monthly Question-and-Answer session with Charles and a Consular officer, where they will answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. The discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.

Questions for Charlie can be emailed to VisaBulletin@state.gov ahead of the monthly session with “Chat with Charlie Question” in the subject line.

Reminder: Tomorrow, Tuesday May 25, 2021 at 1:00 p.m. ET, the Department of State will be hosting a YouTube live session relating to the visa backlog. The State Department will also be discussing how Consular sections will be prioritizing visa cases during the phased resumption of services. Make sure to subscribe to the YouTube Channel and turn your notifications on so you do not miss any of these updates.

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In its continued efforts to improve communications with the public regarding the status of visa operations worldwide, the Department of State recently provided new insights regarding Immigrant Visa Prioritization at Consular posts overseas.

To reduce the immigrant visa backlog, the Department has announced the adoption of a new four-tiered approach that is designed to triage the processing of immigrant visa applications according to prioritization standards set by U.S. Congress. Such standards will ensure prioritized visa processing for certain categories of immigrant visa applicants, while posts prepare to resume and expand visa processing as local conditions improve.

Prioritization of immigrant visas will begin with a first tier including prioritization of immigrant visas for immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government).

The second tier will include prioritization of immigrant visas for immediate relatives, fiancé(e) visas, and returning resident visas.

While the third tier will prioritize immigrant visas for family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad.

Finally, the fourth tier will prioritize immigrant visa processing for all other immigrant visas, including employment preference and diversity visas.

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Welcome back to Visalawyerblog! It is the start of a brand new and exciting week in the world of immigration. In this post, we bring you the latest immigration updates from the U.S. Department of State’s Bureau of Consular Affairs.

In a recent post on their Facebook page, the Bureau published a Frequently Asked Questions guide addressing the Immigrant Visa Backlog, including information about what Consulates are doing to help reduce the backlogs, and helpful information for K-1 visa applicants, Diversity Visa lottery applicants, and interview scheduling for employment-based applicants.

Want to know more? Check out the Q & A below:

 


Frequently Asked Questions Regarding the Immigrant Visa Backlog


Q: Why are there still immigrant visa interview backlogs?

A: Our number one priority is the safety of our applicants and our staff. The IV (Immigrant Visa) interview backlog has developed because of limitations in staffing and other COVID-related operational constraints preventing us from processing the same volume of applicants as pre-pandemic. In addition, Presidential Proclamation 10014 and geographic COVID proclamations restricted visa processing for many immigrants for nearly a year; it will take time to process the cases that were impacted by these travel restrictions.

Q: What are you doing to decrease the backlog?

A: We are committed to decreasing this backlog by prioritizing certain visas, creating efficiencies in the visa process, and utilizing all available resources until our task is accomplished. Applicants should check the website of their nearest U.S. embassy or consulate for updates on what visa services are currently available.

Q: Are virtual/Zoom interviews available for Immigrant Visa applicants?

A: No. Current regulations require all immigrant visa applicants to appear in person before a consular officer.

Q: I live near a U.S. Consulate, but they do not process Immigrant Visas at that particular location and therefore I am forced to travel a long distance to appear for my interview. Why don’t you process IV interviews at every U.S. Embassy/Consulate?

A: As the best use of limited U.S. government resources, immigrant visa processing is consolidated in certain embassies and consulates. The Department of State continuously reviews the services we provide to best balance our service standards with efficient use of resources.

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