Visa Lawyer Blog

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The U.S. Citizenship and Immigration Services (USCIS) recently announced the reopening of an international field office in Havana, Cuba.

The Havana office will assist with U.S. immigration benefits and services, including conducting interviews, processing cases for pending Cuban Family Reunification Parole (CFRP) requests, and Form I-730, Refugee/Asylee Relative Petitions, and other limited appointment-only services such as collecting biometrics for U visa applications.

Services at the Havana Field Office will be available by appointment only.  USCIS has updated the USCIS International Immigration Offices page with more information about services and appointments available at the Havana Field Office.

Secretary of Homeland Security Alejandro Mayorkas said that the decision to reopen the Havana Field Office was made to, “reduce unlawful entries, deny resources to ruthless smuggling organizations, and streamline access to lawful, safe, and orderly pathways for those seeking humanitarian relief.”

This move marks a restoration of American relations in Cuba. During the Trump administration, the Havana Field Office was closed, following the suspension of operations in 2017 after the U.S. Department of State ordered all non-essential personnel and families to depart Cuba.

On June 9, 2022, the Biden administration announced it would be resuming operations under the Cuban Family Reunification Parole (CFRP) program, to provide a safe, orderly pathway for certain Cuban beneficiaries of approved family-based immigrant petitions (Form I-130) to wait in the United States for their immigrant visas to become available.

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We start the week with great news for Cuban and Haitian nationals.

On August 10, 2023, the Department of Homeland Security announced new publications in the Federal Register introducing changes to the Cuban and Haitian Family Reunification Parole processes.

The FRP program allows eligible Cuban and Haitian nationals to seek parole into the United States for the purpose of reuniting with their family members while they wait for their immigrant visas to become available to apply for adjustment of status to lawful permanent residence.

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In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the September Visa Bulletin.

This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.

Overview

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 purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.

What are the preference categories that are subject to the numerical limitations?

The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

The Employment-Based Preference Categories and their annual limits are as follows:

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

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We are happy to report that the August Visa Bulletin has been released!

As we do every month, we share what you can expect to see in the upcoming month’s visa bulletin for family-sponsored and employment-based preference categories to help you prepare for your immigrant visa filing at a U.S. Consulate overseas, or your green card filing for those residing in the United States.

Highlights of the August 2023 Visa Bulletin

Employment Based Categories

Final Action cutoff dates – Retrogressions in August:

  • EB-1 India will retrogress by more than 10 years to January 1, 2012, in August 2023. The State Department indicates that depending on usage in the category and on the FY 2024 annual numerical limit, it is likely that in October 2023 the cutoff date will return to at least February 1, 2022
  • EB-1 Worldwide, China: The State Department has imposed a final action cutoff date for EB-1A Worldwide for all countries except China, at August 1, 2023. The EB-1 China Final Action Date will remain at February 1, 2022.
  • EB-2 Worldwide, China:  EB-2 China will advance by one month, to July 8, 2019. The Final Action Date for EB-2 India will remain at January 1, 2011. The EB-2 Worldwide Final Action Date will advance by six weeks, to April 1, 2022 for all other countries.
  • EB-3: The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019. EB-3 India Professional/Skilled Worker will remain at January 1, 2009. For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.

Family-sponsored categories

Dates for Filing cutoff dates – Advancements in August:

  • F-1 Mexico will advance by 2 years and 3 months to April 1, 2005 from January 1, 2003
  • F2A will remain current for all categories
  • F2B Mexico will advance by 2 years and 4 months to August 1, 2004 from April 1, 2002

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.

Adjustment of Status Filing Chart August 2023

The U.S. Citizenship and Immigration Services (USCIS) has published guidance indicating that USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s August 2023 Visa Bulletin.

For family-sponsored filings, USCIS will accept adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s August 2023 Visa Bulletin.

You may also find the Adjustment of Status USCIS Filing Charts here:

August 2023 Visa Bulletin Dates for Filing Cutoff Dates

 Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s August 2023 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories, which will determine whether an adjustment of status application can be filed with USCIS in the month of August:

  • EB-1: China remains unchanged at February 1, 2022. India will retrogress by 10 years and 1 month, to January 1, 2012. All other countries will receive a final action cutoff date of August 1, 2023.
  • EB-2: India will remain at January 1, 2011. China will remain by 1 month to July 8, 2019. All other countries will advance by 6 weeks to April 1, 2022
  • EB-3 Professionals and Skilled Workers: India will remain at January 1, 2009. China will advance by 2 months to June 1, 2019. All other countries will retrogress by 1 year and 9 months to May 1, 2020.
  • EB-3 Other Workers: India will remain at January 1, 2009, China will remain at September 1, 2015. All other countries will remain at January 1, 2020.
  • EB-4: All countries will remain at September 1, 2018.
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2017, and China will remain at September 8, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

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This past week, the U.S. Department of Homeland Security announced the implementation of a new Family Reunification Parole (FRP) program for foreign nationals of Colombia, El Salvador, Guatemala, and Honduras, that falls in line with previous governmental policies aimed at reducing unlawful migration.

The program will benefit nationals of such countries whose family members are U.S. citizens or lawful permanent residents and have received approval to join their family in the United States.

Nationals of these countries can be considered for parole on a case-by-case basis for a period of up to three years while they wait to apply to become a lawful permanent resident. This means that those who are eligible for parole will have the opportunity to lawfully reside inside of the United States while applying for lawful permanent residence for a period of up to three years.

The Secretary of the Department of Homeland Security Alejandro N. Mayorkas, said that “These new processes promote family unity and provide lawful pathways consistent with our laws and our values,” and will allow for the expansion of safe, orderly, and lawful pathways to reduce “dangerous, irregular migration to the United States.”

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In this blog post, we share recent guidance released by the U.S. Citizenship and Immigration Services (USCIS) for supporters and beneficiaries of Uniting for Ukraine and nationals of Cuba, Haiti, Nicaragua, and Venezuela, requesting humanitarian parole to the United States.

Individuals participating in these programs must have a supporter in the United States who agrees to provide financial support for the duration of their parole in the United States. The first step in the process is for the U.S.-based supporter to file a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS for each beneficiary they seek to support, including minor children. The U.S. government will then review the supporter information provided in the Form I-134A to ensure that they are able to financially support the beneficiaries they are agreeing to support.

USCIS has cautioned applicants that they have been receiving many duplicate filings of Form I-134A, as well as multiple inquiries submitted to the USCIS Contact Center regarding these filings.

To avoid any errors and ensure the proper submission of the form, USCIS has provided the following important tips.

Duplicate Filings of Form I-134A

Some potential supporters have been filing multiple Forms I-134A for the same beneficiary. These duplicate filings add to USCIS workload, which delays processing.

The agency encourages applicants to refrain from filing more than one Form I-134A for the same beneficiary because this could delay the processing of the application for the beneficiary you are agreeing to support.

Those who have not received a decision on a Form I-134A they have filed on behalf of a beneficiary, are advised to check their case status through their USCIS online account.

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In this blog post, we give you an update on the status of the proposed rule increasing the filing fees for certain applications and petitions filed with the United States Citizenship and Immigration Services (USCIS).

As you may remember, on January 4, 2023, USCIS published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing an increase in the filing fees of many types of applications, including but not limited to, the I-485 Application to Register Permanent Residence or Adjust Status, N-400 Application for Naturalization, I-129F petition for alien fiancé(e), Form I-130 Petition for Alien Relative, Form I-751 Petition to Remove Conditions on Permanent Residence, Form I-129 Petition for Nonimmigrant Worker for H, L, and O classifications, Form I-526 Immigrant Petition for the EB-5 Immigrant Investor Program, Form I-765 Application for Employment Authorization, among many others.

The proposed rule also sought to do the following:

  • Incorporate biometrics costs into the main benefit fee and remove the separate biometric services fee
  • Require separate filing fees for Form I-485 and associated Form I-131 and Form I-765 filings
  • Establish separate fees for Form I-129, Petition for Nonimmigrant Worker, by nonimmigrant classification.
  • Revise the premium processing timeframe interpretation from 15 calendar days to 15 business days
  • Create lower fees for certain immigration forms filed online.

Under the Administrative Procedure Act, before the government can implement a proposed rule they must abide by a mandatory notice-and-comment rule-making process. This includes offering a public comment period of at least 60 days from the date of the NPRM’s publication in the Federal Register.

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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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In this blog post, we provide an immigration roundup regarding the latest immigration news.

USCIS Recommends AOS applicants submit all evidence with Form I-485, including Medical Examination

Those who are applying for adjustment of status should be aware that USCIS has recommended green card applicants submit all required initial evidence and supporting documentation at the time of filing the Form I-485.

This practice is recommended to avoid the issuance of a Request for Evidence (RFE). An RFE is issued where USCIS finds that further evidence or supporting documentation is needed to complete the adjudication of your case. It is also beneficial to submit all supporting evidence at the time of filing Form I-485 to avoid delays in the long-run, and where the immigration officer may find that an in-person interview is unnecessary, electing to waive the interview requirement.

Additionally, applicants are advised to submit Form I-693, Report of Medical Examination and Vaccination Record, at the same time of filing Form I-485. USCIS points out that the I-693 Medical Examination is valid for two years after the date the civil surgeon signed the examination. USCIS has also temporarily waived the requirement that the civil surgeon’s signature be dated no more than 60 days before filing Form I-485 until March 31, 2023.

Changes to Filing Location for Form I-360 and Form I-485 for Self-Petitioning Abused Spouses, Children, and Parents

USCIS has announced that beginning Friday, February 10, 2023, self-petitioning abused spouses, children, and parents must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and Form I-485, Application to Register Permanent Residence or Adjust Status, at the Nebraska Service Center instead of the Vermont Service Center.

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