Articles Posted in EB-1

money-3883174_1280Recently, the U.S. Citizenship and Immigration Services (USCIS) published guidance to help petitioners of Form I-140, Immigrant Petition for Alien Workers submit the correct filing fee payment when submitting their applications with USCIS.

Since USCIS increased its filing fees in April and implemented a new asylum program fee of $600 for employment-based petitioners filing I-140, it has been rejecting a very high number of petitions due to incorrect fees and missing information.

USCIS reminds all petitioners of Form I-140 that they must provide a payment for the $600 asylum program fee, unless they qualify for a reduced fee of $300 (small employers with 25 or fewer full-time employees), or are exempt from the asylum program fee (nonprofit organizations).

Petitioners who do not provide the correct asylum program fee and the appropriate I-140 filing fee may have their cases rejected.

Additionally, petitioners must provide correct responses on Part 1 for questions 5 and 6 of Form I-140 notifying USCIS whether they qualify for a reduced fee. This portion of the form cannot be left blank.

Petitioners who fail to provide the correct payment with the I-140 petition, or who do not provide a response for questions 5 and 6 in Part 1, may have their cases rejected.

USCIS has published the following guidance on how to complete questions 5 and 6 and determine the correct payment. 

Petitioner Type In Part 1 of the I-140 Question 5 In Part 1 of the I-140 Question 6 Asylum Program Fee Filing Fee Total Payment
Non-profit or Small Business 
nonprofit business, institution, or government research organization. Yes  Yes or No $0 $715 $715
A small business or organization employing 25 or fewer full-time employees in the United States No Yes $300 $715 $1,015
Individual Self-Petitioner 
A self-petitioner employing 25 or fewer (or zero) full-time employees in the United States No Yes  $300 $715 $1,015
All Other Petitioners 
All petitioners who do not qualify for a reduced Asylum Program Fee and answer “No” to both questions 5 and 6. No No $600 $715 $1,315

I-140 Filing Fee Guidance


USCIS requests that I-140 petitioners provide separate payments for the $715 filing fee and the Asylum Program Fee, using the same type of payment, either check/money order or Form G-1450 to pay with a credit card. Packages filed with more than one type of payment may be rejected.

Petitioners should also review the FAQ section discussing the new USCIS filing fees in subsection “Employment-Based Forms and Fees” for further guidance.

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learn-6874566_1280Today the U.S. Department of State’s Bureau of Consular Affairs published the October Visa Bulletin. In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.


USCIS Adjustment of Status


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

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 in the month of October.


Highlights of the October 2024 Visa Bulletin


At a Glance

What can we expect to see in the month of October?

Employment-Based Categories


  • The Final Action date for China EB-3 Professionals and Skilled Workers will retrogress by five months, to April 1, 2020. The Date for Filing will retrogress by almost 8 months, to November 15, 2020.
  • The Final Action date for EB-3 Professionals and Skilled Workers Worldwide will advance by almost two years, to November 15, 2022. The Date for Filing will advance by one month, to March 1, 2023.
  • The Final Action date for China EB-5 Unreserved will advance by seven months, to July 15, 2016. The Date for Filing will retrogress by three months, to October 1, 2016.
  • The India EB-5 Unreserved Final Action date will advance by more than one year, to January 1, 2022. The Date for Filing will remain at April 1, 2022.

Family-Sponsored Categories


Final Action

  • F1 Mexico will advance by 7.8 months to January 1, 2003
  • F2A Mexico will advance by 1.1 months to March 8, 2021
  • F2A All other countries will advance by 1 week to November 22, 2021
  • F2B Mexico will advance by 6 months to January 15, 2005
  • F3 Mexico will advance by 5.7 months to August 22, 2000
  • F4 Mexico will advance by 2 weeks to February 22, 2001
  • F4 India will advance by 1.2 months to March 1, 2006

Dates for Filing

  • F1 Mexico will advance by 6 months to October 1, 2005
  • F2B Mexico will advance by 3 months to August 1, 2005
  • F3 Philippines will advance by 6 months to May 8, 2004
  • F3 All other countries will advance by 5.9 months to July 1, 2011
  • F4 Philippines will advance by 4 months to August 1, 2006

Now let’s dive into our analysis of the October 2024 Visa bulletin. 

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Parole in Place – Keeping Families Together Updates


As previously reported, a federal judge in Texas has temporarily blocked the Biden administration from approving parole requests under the Keeping Families Together program.


What does this mean for parole in place applications?


Due to a 14-day administrative stay handed down by District Court Judge J. Campbell Barker on August 26, 2024, in the case, Texas v. Department of Homeland Security, the U.S. Citizenship and Immigration Services (USCIS) cannot approve parole in place applications filed under the Keeping Families Together program.

The order may be extended by the judge at the conclusion of the 14-day period.

USCIS has stated on its webpage that during the district court’s administrative stay, USCIS will:

USCIS also reminds the public that the administrative stay does not affect any parole in place applications that were approved before the court’s administrative stay order was issued at 6:46 p.m. Eastern Time on August. 26, 2024.

Those who are eligible must consult with an immigration attorney as soon as possible to determine whether to proceed with applying for parole in place while applications are still being accepted by USCIS.

For more information about this lawsuit, please click here.


EB-1 Visa Updates


Recently, the State Department confirmed that all numbers in the EB-1 preference category have been utilized for fiscal year 2024 and that no further EB-1 visas/green cards will be issued for the remainder of this fiscal year which ends on September 30, 2024.

It is also foreseeable that the EB-2 and EB-4 categories will become unavailable in the near future.

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interview-7695015_1280Recently, the Department of State’s National Visa Center (NVC) released the August 2024 Immigrant Visa Backlog report, which provides data and statistics of the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, documentarily complete cases that have been scheduled for visa interviews, and those that are still awaiting visa interviews.

In this post, we compare the increase in the backlog from July to August.


According to the National Visa Center’s Immigrant Visa Backlog Report for the month of August 2024, there has been a substantial increase in the immigrant visa (IV) backlog rising from 394,835 pending cases in July to 408,937 cases in August — nearly a 3.5% increase amounting to 14,102 additional cases added to the backlog in just a one-month period. 

Additionally, when comparing the July and August Immigrant Visa backlogs, we can see that the number of immigrant visa applicants whose cases were documentarily complete and therefore ready to be scheduled for interviews decreased by 23,519 cases, from 488,285 (in July) to 464,766 (in August).

  • A case is considered documentarily complete by the National Visa Center, when the applicant has paid all necessary fees and submits all necessary documents to meet the formal visa application requirements, such that the case is ready to be scheduled for a visa interview. When a case becomes documentarily complete, the NVC sends applicants an email to notify them that their case is complete and pending scheduling at the local Consulate or Embassy.

August 2024 Immigrant Visa Backlog Report


Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of July 31 464,766
Number of documentarily complete IV applicants scheduled for August 2024 interview appointments 55,829
Number of eligible IV applicants still pending the scheduling of an interview after August 2024 appointment scheduling was completed 408,937

July 2024 Immigrant Visa Backlog Report


Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of June 30 488,285
Number of documentarily complete IV applicants scheduled for July 2023 interview appointments 53,450
Number of eligible IV applicants still pending the scheduling of an interview after July 2023 appointment scheduling was completed 394,825

Note: In Calendar Year 2019 on average, 60,866 applicants were pending the scheduling of an interview each month.

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september-5459588_1280The U.S. Department of State’s Bureau of Consular Affairs recently published the September Visa Bulletin. In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.


USCIS Adjustment of Status


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

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 in the month of September.


Highlights of the September 2024 Visa Bulletin


Employment-Based Categories

EB-3 Final Action Dates

  • The Final Action date for EB-3 Professionals and Skilled Workers will retrogress by one year, to December 1, 2020, for all countries, except for China and India
  • The Final Action date for EB-3 Other Workers will retrogress by one month, to December 1, 2020, for all countries except China, India, and Philippines

Other Categories

  • The Final Action dates and Dates for Filing for the remaining employment-based categories remain unchanged from the August Visa Bulletin

Employment Based Demand Will Reach FY 2024 Limits in September  


  • The State Department warns applicants that there has been in an increase in demand for employment-based visas during the fiscal year. Due to this, the employment-based categories will reach the numerical limits during September, or even sooner.

Family-Sponsored Categories


  • The Final Action dates and Dates for Filing for the family-sponsored categories remain unchanged from the August Visa Bulletin

Now let’s dive into our analysis.

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design-5467034_1280We are pleased to inform our readers that yesterday July 9th, the U.S. Department of State’s Bureau of Consular Affairs released the August Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories in the month of August.


USCIS Adjustment of Status


For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that in August 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 August 2024 Visa Bulletin


Employment-Based Categories

Final Action and Dates for Filing EB-2 and EB-3 India Advancement 

  • The Final Action date for EB-2 India will advance to July 15, 2012 and the Date for Filing to July 22, 2012
  • The Final Action date for EB-3 India will advance to October 22, 2012 and the Date for Filing to November 1, 2012

Other Categories

  • The Final Action dates and Dates for Filing for the remaining employment-based categories remain the same as the July Visa Bulletin

EB-3 Retrogression in September

  • The State Department warns applicants that the EB-3 Final Action date will likely retrogress or become unavailable in the September Visa Bulletin

Family-Sponsored Categories

Dates for Filing Advancements


F-2A Spouses and Children of Permanent Residents

  • F2A All countries will advance by seven and a half months to June 15, 2024 (from November 1, 2023)

F3 Married Sons and Daughters of U.S. Citizens

  • Except for Mexico and the Philippines, all other countries will advance by three months to January 1, 2011 (from October 1, 2010)

F-4 Brothers and Sisters of Adult U.S. Citizens

  • F4 Mexico will advance by two days to April 30, 2001

Final Action Date Advancements


F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • F2B Mexico will advance by one week to July 15, 2004

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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

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The U.S. Department of State’s Bureau of Consular Affairs has published the June Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories in the month of June.


USCIS Adjustment of Status


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

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


Highlights of the June 2024 Visa Bulletin


Employment-Based Categories

The June Visa Bulletin shows no advancement in most employment-based categories.

  • The Dates for Filing chart in June remains unchanged from the previous months.
  • The Final Action Dates for EB-1, EB-2, and EB-5 remain unchanged.
  • Only EB-3 India will advance by one week.

Family-Sponsored Categories

For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of:

  • F2B Mexico will advance by 2 months to November 1, 2004
  • F3 Worldwide, China, and India will advance by 3 months to September 1, 2010
  • F4 Mexico will advance by 5 days to April 27, 2001

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queue-869258_1280

In this blog post, we cover the newly released Immigrant Visa Backlog Report published by the Department of State. April’s report provides the latest data and statistics relating to the processing of immigrant visa applications at the National Visa Center.

This data includes information about the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, the number of cases that were scheduled for interviews by the end of the month, and the number of immigrant visa cases still waiting to be scheduled for a visa interview after interview appointment scheduling was completed.


The April Immigrant Visa Backlog Report


According to the National Visa Center’s April Immigrant Visa Backlog Report there has been an increase in the overall immigrant visa (IV) backlog from 326,415 pending cases in the month of March, to 351,624 pending cases still waiting to be scheduled for a visa interview at the end of April. By comparison, in February, there were 338,256 pending cases waiting for interview scheduling.

On the bright side, the Final Action dates in the April and May Visa Bulletin have shown substantial forward movement for nearly all family-sponsored categories. This has enabled more family-based immigrant visa applications to become documentarily complete and receive interview scheduling at U.S. Consulates and Embassies worldwide. Unfortunately, the same cannot be said for the employment-based categories, which have remained stagnant with little to no forward movement in recent months.

Additionally, when comparing the March and April Immigrant Visa backlog reports, we can see that the number of immigrant visa applicants whose cases were documentarily complete and therefore ready to be scheduled for an interview at Consulates and Embassies increased from 374,532 (as of February 29, 2024) to 404,459 (as of March 31, 2024). Of these cases, only 52,835 applicants whose cases became documentarily complete were scheduled for interview appointments in April 2024. By comparison, only 48,117 applicants were scheduled for interview in March.

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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

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