Visa Lawyer Blog

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While the global Coronavirus pandemic rages on, the government is taking careful steps to manage the ongoing health crisis while also opening the country to fully vaccinated international travelers.

Last week, President Biden made the decision to rescind Presidential Proclamation 10315, an order that previously suspended and restricted the entry of foreign nationals, who were physically present within any of the following countries, during the 14-day period preceding their entry or attempted entry to the United States:

  • Republic of Botswana
  • Kingdom of Eswatini
  • Kingdom of Lesotho
  • Republic of Malawi
  • Republic of Mozambique
  • Republic of Namibia
  • Republic of South Africa, and
  • Republic of Zimbabwe

Accordingly, as of December 31, 2021, Proclamation 10315 has been officially rescinded.

Background

President Biden had previously issued Proclamation 10315 to guard against the rapid spread of the Omicron variant in the United States. Our readers may recall that on November 26, 2021, the World Health Organization (WHO) first reported the emergence of Omicron as a variant of concern. Thereafter, the Centers for Disease Control and Prevention (CDC) recommended that the government restrict the entry of foreign nationals from regions where the variant had been reported. The above countries were identified as regions where the variant was spreading, and the government swiftly issued the Proclamation temporarily barring such travelers from entering.

According to the Biden administration, the government has now learned more about the Omicron variant and has taken appropriate mitigation efforts to combat its spread. The CDC has recommended that the government lift the travel restrictions previously imposed by Order 10315, because scientists have determined that vaccination against COVID-19 provides adequate protection against the new variant.

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It’s the start of a brand-new year! On behalf of the Law Offices of Jacob J. Sapochnick we would like to wish you and your loved ones a very Happy New Year. It has been a challenging time in the world of immigration law but we at the Law Office are proud to help you navigate the new normal.

In this blog post we share with you a new proposed rule that has been published in the Federal Register. The new rule seeks to raise certain nonimmigrant visa application processing fees, fees for the Border Crossing Card for Mexican Citizens age 15 and over, and fees to waive the two-year residency requirement (J waiver).

What is this all about?

On December 29, 2021, the Department of State released a new rule proposing the adjustment of various fees for Consular Services.

Non-Petition Based NIVs to Increase to $245 USD for B1/B2, F, M, J, C, D, I, and BCC applicants

Among the proposed fee changes is an increase of “non-petition” based NIV fees from $160 USD to $245 USD per application.

This change would impact a variety of nonimmigrant visas, such as:

  • those for business and tourist travel (B1/B2);
  • students and exchange visitors (F, M, and J);
  • crew and transit visas (C and D);
  • representatives of foreign media (I), and
  • other country-specific visa classes, as well as BCCs for applicants age 15 or older who are citizens of and resident in Mexico.

According to the Department of State, “non-petition” means visas that do not require separate requests known as “petitions” to be adjudicated prior to the visa application to establish that the individual meets certain qualifying criteria for the relevant status ( e.g. , that the beneficiary of the petition has the relevant familial relationship to the petitioner). Non-petition based NIVs make up nearly 90 percent of all NIV workload.

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We have very exciting news for nonimmigrant visa applicants. Today, December 23rd, the Department of State announced that the agency has granted Consular officers the discretionary power to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants, provided such applicants have a petition approved by USCIS.  This new discretionary power will apply to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who are applying for a visa in their country of nationality or residence.

Interview Waiver Policy for Certain Nonimmigrant Workers

Pursuant to this new policy, Consular officers now have the discretion to waive the visa interview requirement for:

  • individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who were previously issued any type of visa, and that have not had any visa refusal or ineligibility issues in the past OR
  • first-time individual petition-based H-1, H-3, H-4, L, O, P, and Q who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided that they have no ineligibility issues and have previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization (ESTA)

Interview Waiver Policy for Certain F, M, and academic J visa applicants

At the same time, the Secretary of State has extended a previously approved policy designed to waive the in-person interview requirement for certain students, professors, research scholars, short-term scholars, or specialists (F, M, and academic J visa applicants) through the end of 2022.

To be eligible for the interview waiver as citizens or nationals of a country participating in the Visa Waiver Program, applicants must (1) have previously traveled to the United States using an authorization obtained via ESTA and (2) must apply for a visa in their country of nationality or residence.

Additionally, just like the policy applied to certain non-immigrant workers, Consular officers will also have the discretion to waive the visa interview requirement for:

  • F, M, and academic J visa applicants who were previously issued any type of visa, and that have not had any visa refusal or ineligibility issues in the past OR
  • first-time F, M, and academic J visa applicants that are (1) citizens or nationals of a country that participates in VWP and (2) that have previously traveled to the United States via an ESTA authorization, and that have not had any visa ineligibility issues in the past

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It is that time of the month again! In this blog post, we will cover the release of the January Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the month of January 2022.

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 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.

Adjustment of Status Filing Chart January 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, 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 only may file using the Final Action Dates Chart in the Department of State Visa Bulletin for January 2022.

For all other family-sponsored preference categories, applicants must use the Dates for Filing Chart in the Department of State Visa Bulletin for January 2022.

For Employment-Based Preference Filings:

All applicants, except EB-5 Regional Center, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2022. This means that USCIS will accept employment-based adjustment of status applications (except EB-5 Regional Center) with a priority date that is earlier than the Dates for Filing listed in the November Visa Bulletin.

NOTE: USCIS will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized by Congress.

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

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.

Adjustment of Status Filing Chart December 2021

Please note that USCIS has not yet released information on its webpage regarding the appropriate filing chart to be used for family-sponsored adjustment of status filings and employment-based adjustment of status preference filings for December 2021. We recommend that applicants monitor the USCIS webpage below on a regular basis for those updates.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s November 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. It is with sad news that we announce that Mr. Charlie Oppenheim will soon be retiring from his position after 43 years as Chief of the Immigrant Visa Control division at the State Department. You will be greatly missed Charlie!

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 November 2021.

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

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Welcome back to Visalawyerblog! We have very exciting news regarding the Biden administration’s plans to rescind the Covid-19 related travel bans that have suspended and restricted entry into the United States, of immigrants and nonimmigrants, physically present within the Schengen Area, Brazil, China, India, the United Kingdom, Ireland, South Africa, and Iran since 2020.

On October 15, 2021, the White House announced that the United States will allow international travelers who are fully vaccinated against Covid-19 to enter the United States by land or air starting November 8, 2021.

This decision will lift the ban for vaccinated visitors from the affected regions.

On Friday October 15, 2021, a White House Official stated that the “CDC has already informed airlines that all FDA approved and authorized vaccines, as well as all vaccines that have an Emergency Use Listing (EUL) from the World Health Organization (WHO) will be accepted for air travel. We anticipate the same will be true at the land border. These travelers are required to be prepared to attest to vaccination status and to present proof of vaccination to a CBP officer upon request. By January, foreign nationals traveling across the land border for both essential and non-essential reasons will be required to be fully vaccinated.”

While the White House is still ironing out the complete details of the new policy including what exemptions the Biden administrations will grant to the vaccine requirements, we know that only generally applicants who are fully vaccinated against Covid-19 will be allowed to enter.

The CDC considers an individual to be fully vaccinated against COVID-19:

  • 2 weeks after their second dose in a 2-dose series, such as the Pfizer-BioNTech or Moderna vaccines, or
  • 2 weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine

COVID-19 vaccines currently approved or authorized for emergency use by the U.S. Food and Drug Administration include Pfizer-BioNTech, Moderna, and Johnson & Johnson COVID-19 vaccines, while COVID-19 vaccines authorized for use by the World Health Organization include AstraZeneca/Oxford, Covishield, Sinopharm, and Sinovac.

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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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We have very interesting and exciting news to report to our readers. We are happy to report that on Tuesday, October 5, 2021, a federal judge from the United States District Court for the District of Columbia, declared that the State Department cannot use the various geographic COVID-19 related Presidential Proclamations to cease the processing of visas at Embassies and Consulates worldwide.

As our readers will know, beginning in January of 2020, to protect against the rise of COVID-19 infections in the United States, the President issued a series of Presidential Proclamations that suspended and restricted entry into the United States, of immigrants and nonimmigrants, who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, and Iran, during the 14-day period preceding their entry or attempted entry into the United States.

These Presidential Proclamations did not have a termination date and have continued to be in force to the present day. The most widely discussed ban (the Schengen visa ban “Proclamation 9993,”) applied to immigrants and nonimmigrants from 26 European countries including: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. However separate visa bans have also impacted the entry of Brazilian nationals, Chinese nationals, Iranian nationals, and Indian nationals (see the list of COVID-19 travel bans listed below.)

Since the issuance of these travel bans, U.S. Consulates and Embassies worldwide have refused to issue any visas to those who do not otherwise qualify for an exemption and have been physically present in any of the affected regions during the 14-day period preceding their entry into the United States. The only way applicants have succeeded in pushing their cases forward has been by requesting a National Interest Exception from their respective Embassy.

The COVID-19 related travel bans are as follows:

  • China Visa Ban – Proclamation 9984 issued January 21, 2020 – No termination date
  • Iran Visa Ban –Proclamation 9992 issued February 29, 2020 –No termination date
  • European Schengen Area Visa Ban—Proclamation 9993 issued March 11, 2020—No termination date
  • Ireland and UK Visa Ban –Proclamation 9996 issued March 14, 2020 –No termination date
  • India Visa Ban –Proclamation 10199 issued April 30, 2021—No termination date
  • Brazil Visa Ban—Proclamation 10041 issued May 25, 2020 –No termination date

For a complete list of COVID-19 country-specific proclamations click here.

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