Visa Lawyer Blog

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Welcome back to Visalaywerblog! We kick off the start of a brand new week with the release of a very interesting Question and Answer session recently published by the Department of State.

This Question and Answer session took place on December 11, 2020, by and between the Department of State and the American Immigration Lawyers Association (AILA)’s Department Liaison Committee.

The Question and Answer session addressed a broad range of visa-related questions including burning questions regarding the phased reopening of Consulates and Embassies worldwide, national interest exception procedures, expansion of visa interview waivers, information regarding visa cancellations, MRV validity, the treatment of IV applications with approved I-601A Provisional Waivers, expired immigrant visas, pandemic related delays in obtaining documents for Consular related requests, and much more.

We have rounded up the most interesting questions and responses in this post. To read the government’s complete responses to questions asked, please click here.

Phased Reopening of Routine Visa Services

Q: It is AILA’s understanding that consular posts will reopen in phases based on the following Diplomacy Strong Framework included in Appendix A.

Please confirm:

  • Are the phases and priorities listed in Appendix A still accurate, or have there been any modifications to the Diplomacy Strong framework?
  • Are the phases in Diplomacy Strong standard across posts or are they merely guidelines within which posts have some flexibility in terms of setting priorities?
  • Please confirm whether a post will always be at the same phase for both IV and NIV processing, or whether it may be at a certain phase for IV processing and a different phase for NIV processing (e.g., If Sydney is at phase 3 for IV services, must it also be at phase 3 for NIV services?).
  • While we see references to Diplomacy Strong on a variety of post websites, it is not clear what phase the post is operating under. Would DOS advise posts to share their current operating phase on their websites in order to better inform the public of what they are prioritizing?

A: Although phased reopening of routine visa services originally corresponded with phases of Diplomacy Strong, posts were instructed on November 12 that they are no longer obligated to be in a specific Diplomacy Strong phase before providing additional categories of visa services.

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Welcome back to Visalawyerblog! In this blog post, we celebrate a client’s recent success story and share with you how our office was able to successfully obtain an O-1A visa approval for a jiu jitsu athlete of extraordinary ability.

First, let’s go over the O-1A visa process for individuals of extraordinary ability.

The O-1A is a perfect fit for those who can demonstrate a sustained level of national or international acclaim, as well as recognition for achievements received in their field of expertise. An O-1A applicant must demonstrate that he or she is one of a small percentage of individuals who has risen to the very top of his or her field, and that he or she will work in an area of extraordinary ability.

It is important to note that an O-1A applicant may not self-petition for their visa. A valid employer-employee relationship must exist, and the employer must petition for the applicant’s visa by filing Form I-129 with USCIS. Alternatively, a U.S. agent may file as a petitioner for an O-1 beneficiary if they are the actual employer of the beneficiary, the representative of both the employer or beneficiary, or authorized by the employer to act in place of the employer as its agent.

In general, three of eight criteria must be satisfied to successfully obtain an O-1A visa.

These criteria are as follows:

(1) Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(2) Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

(3) Published material in professional or major trade publications or major media about the alien, relating to the alien’s work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;

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Welcome back to Visalawerblog! In this post, we discuss the newly released visa bulletin for November 2020 which outlines the availability of immigrant visa numbers for family-sponsored and employment-based preference categories.

Impact of April 22nd Presidential Proclamation

As a preliminary matter, we would like to remind our readers that presidential proclamation 10014 signed into law on April 22, 2020, temporarily suspends the entry and issuance of immigrant visas at U.S. Consulates and Embassies worldwide for the following types of immigrants until December 31, 2020.

*Note: Applicants residing in the United States are unaffected by P.P. 10014 and may apply for adjustment of status with USCIS provided their priority date is current on the visa bulletin.

  • Spouses and children of green card holders (US citizens are not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (over 21 years of age) of US citizens applying at the consulate (children under 21 years of age of US citizens are not affected)
  • Sons and daughters (over 21 years of age) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB2 employment based (NIW is not affected) and their family applying at the consulate
  • PERM EB3 employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate

Unfortunately, this proclamation applies to the majority of family-sponsored preference categories which means that U.S. Consulates and Embassies worldwide will not issue visas to these individuals until the visa ban is lifted after December 31, 2020.

It is possible that President Trump may choose to extend the proclamation beyond December 31, 2020 if he finds it necessary. However it is unlikely to remain in effect after Joe Biden becomes President on January 20, 2021.

Suspension of Routine Visa Services Continues

As an additional note, although spouses and minor children of U.S. Citizens applying for immigrant visas at the Consulate are not impacted by P.P. 10014, the majority of Consulates and Embassies nationwide have suspended routine visa services until further notice. Applicants with emergencies or urgent travel needs may request expedited visa processing with the National Visa Center. We strongly encourage applicants to obtain legal assistance to help expedite visa interviews where the applicant can demonstrate extreme hardship to the U.S. Citizen relative.

Other Visa Bans May Apply 

Certain immigrant visa applicants who are not impacted by P.P. 10014, may still be impacted by other presidential proclamations restricting visa issuance and travel to the United States.

For instance, beginning January 2020 the President issues a series of Coronavirus proclamations, which similarly restrict and suspend the 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.

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Happy Monday! Welcome back to Visalawyerblog. We begin the start of the new week with some disappointing news regarding premium processing fee increases effective today October 19, 2020.

On October 16, 2020, the United States Citizenship and Immigration Services (USCIS) quietly announced a substantial increase in filing fees for premium processing requests filed on Form I-907 that became effective today October 19, 2020,  in compliance with H.R.8337 (Public Law No. 116-159) a continuing appropriations bill that became public law on October 1, 2020.

Pursuant to this new bill, starting today USCIS will increase the filing fee for Form I-907 Request for Premium Processing from $1,440 to $2,500, for all filings except those from petitioners filing Form I-129 Petition for a Nonimmigrant Worker, requesting H-2B or R-1 nonimmigrant worker status.

The premium processing fee for petitioners filing Form I-129 requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500.

What is premium processing?

Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. USCIS guarantees processing within 15 calendar days to those who choose to use this service.

The 15 calendar day period begins when USCIS properly receives the current version of Form I-907, Request for Premium Processing Service, at the correct filing address noted on the form.

Once the I-907 is received, USCIS either issues an approval notice, denial notice, notice of intent to deny, or request for evidence within the 15-calendar day period.

H.R. 8337 will soon expand premium processing service to applications to change or extend nonimmigrant status, applications for employment authorization, and other types of benefit requests.

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Happy Monday! Welcome back to Visalawyerblog. We kick off the start of a brand new week with very exciting news.

We are happy to report that on October 1, 2020, Congress passed H.R. 8337, an appropriations bill that will expand the availability of premium processing service provided by the United States Citizenship and Immigration Services (USCIS) to a larger pool of applicants for immigration benefits.

The legislation calls for expansion of premium processing to most employment-based immigration applications and potentially all USCIS benefits. This move could prove enormously beneficial especially during the Coronavirus pandemic to help move cases along more quickly than ever before. Applicants who request an employment authorization document (EAD) for example can seek premium processing service along with their applications, allowing for EADs to be issued within 15 calendar days.

During this pandemic, the processing of EAD applications has slowed significantly with most taking at least 7 months or longer to be issued. This new legislation will dramatically improve processing times for those that are willing to pay for premium processing service.

Before H.R. 8337, USCIS allowed certain employment-based petitioners to request premium processing service for E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ (blanket L-1), O-1, O-2, P-1, P-2, P-3, Q-1, R-1, TN-1 and TN-2 applications for a fee of $1,440 with guaranteed processing of applications within 15 calendar days. For immigrant petitions, premium processing was available, with certain exceptions, for the employment-based first, second and third preferences (EB-1, EB-2 and EB-3).

What types of petitions will benefit from the expansion of premium processing service?

The new legislation will now allow premium processing service for:

(A) employment-based nonimmigrant petitions and associated applications for dependents of the beneficiaries of such petitions;

(B) employment-based immigrant petitions filed by or on behalf of aliens described in paragraph (1), (2), or (3) of section 203(b); [the first three employment-based preferences]

(C) applications to change or extend nonimmigrant status;

(D) applications for employment authorization; and

(E) any other immigration benefit type that the Secretary deems appropriate for premium processing.

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On October 1, 2020, federal judge Jeffrey White of the U.S. Court for the Northern District of California issued a preliminary injunction that prevents the government from enforcing Presidential Proclamation 10052 issued on June 22, 2020, but only against the Plaintiffs in the lawsuit which include the National Association of Manufacturers, the United States Chamber of Commerce, the National Retail Federation, Technet, and Intrax, Inc. See National Association of Manufacturers v. Department of Homeland Security.

The plaintiffs brought the lawsuit before the court to challenge the issuance of Presidential Proclamation 10052, which suspends visa issuance for certain nonimmigrant workers until December 13, 2020, with discretion to be continued “as necessary.” Those impacted by this Proclamation include applicants who were not in the United States on June 24th or in possession of a valid visa as of that date, who seek visas in any of the following categories:

(1) H-1B or H-2B visa nonimmigrant visa applicants, and any alien accompanying or following to join such alien;

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Welcome to a start of a brand-new week. In this post we provide the latest updates in the world of immigration.

New Form I-765 Application for Employment Authorization

We would like to inform our readers that the United States Citizenship and Immigration Services (USCIS) will publish a new edition of Form I-765 Application for Employment Authorization with edition date 8/25/20. Beginning August 25, 2020, USCIS will only accept the new edition of Form I-765 (8/25/20).

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In this blog post we share with our readers several new developments in immigration relating to COVID-19.

At a Glance: What’s in This Blog?

  • DOS Announces One-Month Extension for Immigrant Visa Medical Examinations
  • Phased Resumption of Routine Visa Services
  • DOS Releases SEVP Online Course Guidance for F and M Students for Fall 2020
  • When will the Presidential Proclamation Suspending Entry for the Schengen Countries be Lifted?
  • Are there any National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland?
  • Are there any National Interest Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market?

DOS Announces One-Month Extension for Immigrant Visa Medical Examinations

We are pleased to report that on July 24, 2020, the Department of State issued an important announcement confirming that the Centers for Disease Control and Prevention (CDC) have approved a one-month extension for medical examinations conducted between January 1, 2020 and June 30, 2020. As many of you know, medical examinations for immigrant visa applicants are valid for a maximum of six months.

The Department of State has advised applicants (1) who were unable to travel on an issued visa, or (2) who obtained a medical examination but did not receive a visa, to contact the Immigrant Visa Unit of the U.S. Embassy or Consulate that issued or is adjudicating your visa application to determine whether you may be issued or reissued a visa for one additional month. Applicants who are unable to travel within one additional month, should consider waiting until they are able to travel to obtain a new, full validity medical examination and visa.

Phased Resumption of Routine Visa Services

In March 2020 the Department of State suspended routine visa services worldwide in response to the Coronavirus pandemic. On July 14, 2020 the Department of State released information on its webpage notifying the public that resumption of routine visa services will occur on a post-by post basis, in coordination with the Department’s Diplomacy Strong framework to safely return personnel to Department facilities. With that being said, the Department of State cannot provide a specific date for when each Consular post will return to processing at pre-Covid workload levels. Applicants are advised to monitor each individual U.S. Embassy or Consulate’s website for information regarding operating status, and updates on which services they are currently offering.

As always, U.S. Embassies and Consulates will continue to provide emergency and critical visa services.

The DOS has also stated that MRV fees are valid and may be used to schedule a visa appointment in the country where it was purchased within one year of the date of payment.

  • For more information about this announcement and FAQs please click here.
  • For a list of Embassies and Consular webpages click here.

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Interviews at the San Diego Field Office

We have great news for our local readers. The USCIS San Diego Field Office is scheduled to resume interviews on July 6, 2020, with priority given to adjustment of status applications filed by doctors and front-line workers fighting to mitigate the effects of Covid-19. Under certain circumstances, USCIS will exercise its discretion to waive adjustment of status interviews on a case-by-case basis.

What will be the approach for rescheduling?

The USCIS San Diego Field Office will begin rescheduling all other interviews on a “first-in, first-out,” basis based on receipt date of filing. This will occur as soon as possible.

When will biometrics offices reopen to the public?

Application Support Centers in San Marcos in Chula Vista are scheduled to reopen to the public on July 27, we ask our readers to please be patient while they wait to be rescheduled. Those with cancelled biometrics will be automatically rescheduled and will receive a notice in the mail with a new biometrics appointment.

What about Parole in Place cases?

Parole in place applications continue to be adjudicated, however applicants should expect delays.

What about citizenship applications?

USCIS will continue to prioritize the scheduling of oath ceremonies for naturalization applicants. Those who did not appear at a scheduled oath ceremony will receive a letter by mail. As we previously reported, oath ceremonies in San Diego are being held at the Cabrillo National Monument and the City of El Cajon parking lot adjacent to the police department.

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Welcome back to Visalawyerblog! In this post, we bring you the latest immigration news for the week.

K-1 Fiancé Visa Blunders

The news of the June 22nd presidential proclamation has caused great confusion among U.S. Consulates and Embassies worldwide regarding whether K-1 fiancé visas are subject to the current presidential proclamation suspending the entry of certain immigrants to the United States. We have received information from our readers that Embassies have incorrectly stated in emails that K-1 fiance visas are subject to the presidential proclamation. We would like to make clear that K-1 fiance visas are non-immigrant visas and are therefore exempt from the proclamation altogether, because the proclamation only suspends the entry of those seeking immigrant visas from outside the United States.

We are aware that the Embassy in London has been disseminating emails initially stating that K-1 fiance visas were impacted by the proclamation. The Embassy has now retracted this information and written on their webpage that K visas are not subject to the current presidential proclamation, although fiance visa holders may be prevented from entering the U.S. due to current U.S. travel restrictions against nationals of the Schengen countries during the pandemic.

The Embassy in Manila has also confirmed on its website that K visas are not impacted by the presidential proclamation.

Therefore, the only obstacle for K-1 fiance visa applicants to receive their visas is the Embassy closures occurring because of the pandemic. The only other obstacle to traveling to the United States depends on the fiance’s country of nationality. The entry of some nationals has been restricted due to high rates of Coronavirus in those regions (such as the Schengen countries, China, Iran, Brazil, etc). To find information about these travel restrictions please click here.

If you have received incorrect information from your Embassy or Consulate telling you that K-1 fiance visas are subject to the proclamation, we encourage you to copy the information provided on the Manila and London Embassy webpages confirming that K-1 visas are not impacted. Alternatively, you can email your examples to jacob@h1b.biz and we will reach out to the Consulate/Embassy directly to seek clarification.

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