Visa Lawyer Blog

Articles Posted in EB-2

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In this blog post, we share with you new information provided by the American Immigration Lawyers Association (AILA) Department of State Liaison Committee following a meeting with the National Visa Center (NVC) addressing some common issues of concern for immigrant visa applicants waiting for their visas to be processed at the NVC and immigrant visa scheduling at U.S. Embassies and Consulates abroad.

We provide a summary of the questions asked and responses from the Department of State down below. This discussion was part of a meeting with representatives from the Bureau of Consular Affairs, taking place on February 9, 2023.

NVC Statistics for Documentarily Complete Cases

Question: Can NVC confirm how many cases were completed in FY2022 compared with the 342,392 completed in FY2021?

Answer: Documentarily Complete cases (documents received, reviewed, and case entered into scheduling queue) by Fiscal Year:

  • FY 2020 = 321,274
  • FY 2021 = 342,392
  • FY 2022 = 343,277

Question: Can NVC confirm how many cases have been completed so far in FY 2023?

Answer: The number of immigrant visa cases determined to be documentarily complete by the National Visa Center thus far in fiscal year 2023 (as of 27 January 2023) is 140,084.

Question: What is the monthly volume of immigrant visa cases that the NVC processes?

Answer: On average, during FY 2022, NVC performed case creation for nearly 14,974 immigrant visa petitions, received 20,987 ELIS petitions from USCIS, and reviewed supporting forms and documents for another 72,337 immigrant visa cases per month.

Question: What is the monthly volume of nonimmigrant (fiancé) visa cases that the NVC processes?

Answer: On average, during FY 2022, NVC performed case creation for 1,138 l-129F petitions for Alien Fiancé(e)s per month.

Question: If a document is not considered acceptable, and the attorney re-submits the requested documents, on average, how long does the NVC take to review the new evidence?

Answer: When missing documentation is subsequently provided, it is reviewed in the order it was received. NVC processing times have dropped significantly in the past year. Applicants may refer to the NVC Timeframes page on travel.state.gov to track the current Document Review processing time. NVC Processing dates are updated weekly.

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

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

What is the Visa Bulletin?

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

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

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

Adjustment of Status Filing Chart March 2023

For Family-Sponsored Filings:

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

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The Green Card and Employment Authorization Document just got a brand-new look.

In this post, we bring you the lowdown on what you can expect. USCIS recently announced that the agency will be issuing newly redesigned Permanent Resident Cards (also known as green cards) and Employment Authorization Documents (EADs) starting Monday, January 30, 2023.

The previous design was implemented in 2017. To mitigate the risk of fraud and counterfeiting, USCIS redesigns green cards and EADs every three to five years.

The new design includes state-of-the-art technology designed to improve its security and integrity against counterfeiting.

Along with completely redesigned artwork, the new green card and EADs come with tactile printing, enhanced optically variable ink, secure holographic images on the front and back, and a new layer-reveal feature showcasing a partial window on the back photo box, and data fields that have been placed in different areas than on previous versions.

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Today, January 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the final phase of its expansion of premium processing for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 immigrant classifications.

Who does this phase apply to?

This phase applies to new (initial) petitions, and all previously filed Form I-140 petitions under an E13 multinational executive and manager (EB-1C) classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) (EB-2).

When does premium processing open for new and pending EB-1C and EB-2 petitions?

Under the final phase of premium processing, effective January 30, 2023, USCIS will begin accepting premium processing upgrades for:

  • All pending E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2), and
  • All initial E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2)
  • Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

The expansion of premium processing was first known to the public with the release of the final rule entitled, “Implementation of the Emergency Stopgap USCIS Stabilization Act,” published in the Federal Register on March 30, 2022. As part of this final rule, USCIS announced the gradual expansion of premium processing to certain additional form types over a three-year period.

Background of the Planned Expansion of Premium Processing

The first phase of the planned expansion of premium processing was announced during May of 2022 and applied to certain pending EB-1 Multinational Executive and Manager and EB-2 NIW petitions.

Later, in July the agency announced a second phase of premium processing expanding premium processing of these categories to EB-1C petitions received by USCIS on or before July 1, 2021, and EB-2 petitions received by USCIS on or before August 1, 2021.

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Happy Holidays from the Law Offices of Jacob Sapochnick!

In this blog post, we share with you the release of the January Visa Bulletin for the year 2023, what you can expect for employment based and family preference categories, including visa availability, movement, and projections for each category in the months ahead.

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 “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.

To be eligible to file an employment-based adjustment application in January, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

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

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

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

Adjustment of Status Filing Chart December 2022

For Family-Sponsored Filings:

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

For Employment-Based Preference Filings:

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

December 2022 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

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

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

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

Adjustment of Status Filing Chart November 2022

For Family-Sponsored Filings:

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

For Employment-Based Preference Filings:

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

November 2022 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

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

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

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We hope you are having a wonderful end to your week. In this blog post, we bring you some of the most highly anticipated news from the U.S. Citizenship and Immigration Services (USCIS).

Yesterday, September 15, 2022, USCIS announced the third phase of the expansion of premium processing service for petitioners who have a pending Form I-140 Immigrant Petition for Alien Workers, under the EB-1 and EB-2 employment-based classifications.

As with the first and second phase of the premium processing expansion, the third phase of expansion only applies to certain previously filed Form I-140 petitions under the EB-1 multinational executive and manager classification, and EB-2 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) that were filed on certain dates. Only such petitions will be eligible to upgrade to premium processing using Form I-907, Request for Premium Processing Service.

Who will benefit?

Beginning September 15, 2022, USCIS will accept Form I-907 Premium Processing requests for:

  • EB-1 multinational executive and manager petitions received on or before January 1, 2022; and
  • EB-2 NIW petitions for advanced degree or exceptional ability received on or before February 1, 2022.

USCIS has explicitly made clear that it will reject premium processing requests for these Form I-140 classifications if the receipt date is after the dates listed above. For cases eligible to upgrade to premium processing, USCIS will guarantee 45 calendar days to take adjudicative action for these requests for premium processing service. USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time for petitions that do not explicitly fall under the above categories.

USCIS also cautions members of the public that on May 24, 2022, the agency published a new version of Form I-907 Request for Premium Processing, dated 05/31/22. As of July 1, 2022, USCIS no longer accepts the older 09/30/20 edition of form I-907.

This move is part of USCIS’ commitment to expand premium processing service to additional form types in order to improve processing times and increase efficiency across the agency.

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

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

Adjustment of Status Filing Chart October 2022

For Family-Sponsored Filings:

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

For Employment-Based Preference Filings:

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

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In this blog post, we share with you some new updates regarding the employment-based numerical limits for immigrant visas in fiscal year 2022.

As a result of the global COVID-19 pandemic and the suspension of visa services at U.S. Consulates and Embassies worldwide, approximately 140,000 family-sponsored visa numbers went unused during fiscal year 2021.

This was due to the pent-up demand for in-person visa interviews that could not be accommodated. Fortunately, these visa numbers have trickled down to the employment-based categories, expanding the number of visa numbers available in fiscal year 2022 to nearly double the usual amount.

Sadly, fiscal year 2022 is nearly coming to a close. To provide the public with more transparency regarding the usage of employment-based visa numbers, the U.S. Citizenship, and Immigration Services (USCIS) has updated its frequently asked questions for employment-based adjustment of status. We breakdown the questions and answers down below.

How many employment-based visas did USCIS and DOS use in FY 2021? How many employment-based visas went unused in FY 2021?

A: The annual limit for employment-based visa use in FY 2021 was 262,288, nearly double the typical annual total. The Department of State (DOS) publishes the official figures for visa use in their Report of the Visa Office.

Overall, the two agencies combined to use 195,507 employment-based immigrant visas in FY 2021.

  • DOS issued 19,779 employment-based immigrant visas, and USCIS used 175,728 employment-based immigrant visas through adjustment of status, more than 52% higher than the average before the pandemic.
  • Despite our best efforts, 66,781 visas went unused at the end of FY 2021.

UPDATED: Can you estimate how many family-sponsored or employment-based immigrant visas USCIS and DOS will use during FY 2022?

A:  DOS has determined that the FY 2022 employment-based annual limit is 281,507 – (slightly more than double the typical annual total) – due to unused family-based visa numbers from FY 2021 being allocated to the current fiscal year’s available employment-based visas.

  • Through July 31, 2022, the two agencies have combined to use 210,593 employment-based immigrant visas (FY2022 data is preliminary and subject to change).
  • USCIS alone approved more than 10,000 employment-based adjustment of status applications in the week ending August 14, 2022, and DOS continues its high rate of visa issuance, as well. USCIS states that it will maximize our use of all available visas by the end of the fiscal year and are well-positioned to use the remaining visas.

NEW: Will my case be processed faster if I file a second Form I-485?

A: Submitting a new adjustment of status application typically does not result in faster adjudication and may have the opposite effect by adding extra burden to the USCIS workload.

  • USCIS is identifying and prioritizing all employment-based adjustment of status applications with available visas and approved underlying petitions, including those received prior to this fiscal year. This includes applications where noncitizens have submitted a transfer of underlying basis requests.

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