Articles Posted in Immigrant Visas

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USCIS has announced that it will be closing all of its International Immigration Offices by March 10, 2020.

As of June 30, 2019, USCIS has already permanently closed its field office in Ciudad Juarez, Mexico, and on July 5th, the office in Manila, Philippines permanently closed.

By the end of January 2020, the majority of international USCIS field offices are expected to be closed, including offices in Mexico City, London, Athens, and Guatemala City.

The first offices to close will be those in Monterrey, Mexico, Seoul, South Korea, and Manila, Philippines, with a projected closing date of September 2019.

The following is a complete list of USCIS International Immigration Offices expected to close:

Latin America, Canada and the Caribbean (LACC) District

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We are happy to report that on July 10, 2019 the House of Representatives passed the Fairness for High-Skilled Immigrants Act of 2019 (H.R. 1044), a bill that if enacted, would amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, and increase the per-country numerical limitation for family-sponsored immigrants.

What is H.R. 1044?

H.R. 1044 is a piece of legislation that was first introduced before the House of Representatives on February 7, 2019 by Representative Zoe Lofgren.

Employment-Based Sponsorship

The bill seeks to drastically change the way that our employment-based green card system works by eliminating the “per country cap” that limits the number of green cards that may be issued to applicants per fiscal year depending on their country of origin also known as country of chargeability.

Currently, employment-based workers fall into one of five “preference categories” including EB-1 Priority Workers, EB-2 Professionals Holding Advanced Degrees/Persons of Exceptional Ability, EB-3 Skilled Workers, Professionals, EB-4 Special Immigrants, and EB-5 Investors. Each of these categories is subject to Congressional numerical limitations, as well as per-country limitations.

H.R. 1044 proposes to remove the per-country limitations to enable applicants to obtain employment visas based on merit, and not based on country of origin. The bill would also eliminate the 7% cap for employment-based visas and remove an offset that reduced the number of visas for individuals from China.

The bill also establishes transition rules for employment-based visas from FY2020-FY2022, by reserving a percentage of EB-2 (workers with advanced degrees or exceptional ability), EB-3 (skilled and other workers), and EB-5 (investors) visas for individuals not from the two countries with the largest number of recipients of such visas. Of the unreserved visas, not more than 85% would be allotted to immigrants from any single country.

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In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories.

Below are the highlights of those trends and projections for August 2019:

EB-1 Worldwide: As demand has increased in recent weeks, this category is expected to retrogress in early August, and return back to April 22, 2018 in October of this year.

EB-1 India: This category is not expected to advance prior to October 2019. During October 2019, this category is expected to return to a Final Action Date of February 22, 2017.

EB-1 China: This category is not expected to advance prior to October 2019.  

EB-2 Worldwide: Due to increased demand in recent weeks, this category is no longer expected to remain current through September 2019. A retrogression is expected in this category in early August 2019. EB-2 Worldwide is expected to become current again in October 2019.

EB-2 India: This category is expected to continue to advance slowly, by a few days or a week.

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Spouses and minor children of Green Card Holders can file for I-485 Adjustment of Status starting July 1, 2019

The US Department of State (DOS) has released its July 2019 Visa Bulletin announcing that the Family 2A category, spouses and unmarried minor children of lawful permanent residents, will become current for all countries of the world beginning July 1, 2019.

The DOS Visa Bulletin dictates how long immigrants must wait in the ever-growing line to permanent resident status, and for many this means years, even decades, of backlogs, delays, and prolonged family separation. The DOS Visa Bulletin provides updated priority dates for immigrants who are subject to the quota system, regulating who can apply for adjustment of status and consular immigrant visa applications.

With the release of the July 2019 Visa Bulletin and F2A current as of July 1, 2019, comes renewed hope for green card holders hoping to finally be reunited with their family members. This is a once in a lifetime opportunity for green card holders/permanent residents especially for those from countries subject to longer waiting times including China, India, Mexico and the Philippines.

What does this mean for green card holders? If your spouse and children (under 21 and unmarried) are in lawful status and have already filed an I-130, they should be ready to file their I-485, Application for Adjustment of Status, starting July 1. If your spouse and children (under 21 and unmarried) are in lawful status in the US and you have not already filed an I-130, the I-130 and I-485 should be filed concurrently starting July 1. If your spouse and children (under 21 and unmarried) are overseas and they have an approved I-130, they should be ready to submit all necessary documents to the National Visa Center so an immigrant visa interview can be scheduled.

Previously, wait times for F2A category averaged 2-3 years.

Why green card holders must act NOW. If you are an green card holder and would like to petition for your spouse and unmarried minor children, it is important to act quickly as the cutoff date for filing is July 31, 2019 as there is no guarantee that the F2A will continue to be current in August 2019.

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Photo: JM Parrone

In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories

Below are the highlights of those trends and projections for July 2019:

For Employment-Based Preference Filings:
You must use the Final Action Dates chart in the Department of State Visa Bulletin for July 2019.

Employment-Based Categories:

EB-1 Worldwide: Demand for this category remains steady. For the month of July EB-1 remains at April 22, 2018 and is not expected to become current in the foreseeable future. The Final Action Date will likely not change in July.

  • EB-1 India: No forward movement is expected in this category before October 2019. It is expected that this category will return to a Final Action Date of February 22, 2017 in October of this year.
  • EB-1 China: Has advanced to May 8, 2017 in the July visa bulletin.

EB-2 Worldwide: Current in July and will remain current through September 2019.

  • EB-2 India: Is expected to advance slowly during the month of July by a few days or one week at a time. Some forward movement may occur during the summer is there is lower EB-2 Worldwide demand.
  • EB-2 China: Has advanced to November 1, 2016 in the July visa bulletin. The category will continue to advance due to low demand.

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Foreign nationals applying for a non-immigrant or immigrant visa at a U.S. Consulate or Embassy abroad are now required to disclose information relating to their social media presence on their online nonimmigrant and immigrant visa applications known as the DS-160 and DS-260 respectively.

These changes were introduced early last week by the Department of State. Applicants must now provide information about each social media platform they have used within the last five years, including the name of the platform, and the username or handle used on that platform.

Applicants must also provide their current email and phone number, as well as email addresses and phone numbers they have had during the last five years.

Consular officials can use information found on social media during the visa adjudication process to determine whether the individual is eligible for the visa they are requesting. If officials find any information on social media that would lead them to believe the applicant is misrepresenting their true intentions or attempting to gain entry through means of fraud or deceit, the applicant’s visa application may be denied.

In the past, the Department of State only required social media information of individuals that were flagged for further inspection and individuals posing security risks to the United States. This information was provided in a supplemental questionnaire known as the DS-5535. Now, these questions are asked directly on the DS-160/DS-260 applications.

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Photo: CafeCredit

The Trump administration is mobilizing to strictly enforce laws that require the reimbursement of funds from an alien’s financial sponsor, where the alien has requested certain types of public benefits from a government agency.

The White House has issued a memorandum stating that, “Financial sponsors who pledge to financially support a sponsored alien in the event the alien applies for or receives public benefits will be expected to fulfill their commitment under the law.”

Financial sponsors are required to sign Form I-864 Affidavit of Support for most family-based immigrant petitions, as well as some employment-based petitions to show that the intending immigrant has adequate means of financial support and will not become a public charge on the United States government.

The White House has directed various government agencies including the Department of labor, housing, health and human services, etc. to hold sponsors accountable for making a financial commitment to sponsor an alien in the United States, who receives forms of government assistance they are not entitled to receive.

Such benefits that will require reimbursement from a financial sponsor are benefits received from the Supplemental Nutrition Assistance Program (SNAP) which provides food stamps, Medicaid, and Temporary Assistance for Needy Families (TANF).

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Ken Cuccinelli Photo by Gage Skidmore
Source: Flickr

New developments in the world of immigration have just emerged. The director of the United States Citizenship and Immigration Services (USCIS), L. Francis Cissna, has been forced to resign.

Cissna has served under the Trump administration since October 2017. During his tenure, Cissna oversaw major policy changes within the agency, including the President’s travel ban, the court’s rebuke of the travel ban, the termination of the DACA program, and the Trump administration’s efforts to limit asylum processing for Central Americans.

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Exciting news for Filipino nurses. The EB-3 employment-based category will become current in July 2019 through the summer.

This means that if you have an approved PERM application that was filed by your employer, your employer may file Form I-140 Immigrant Petition for Alien Worker on your behalf. Please note that registered nurses and physical therapists are not required to go through the PERM process and may proceed straight to the I-140.

Since there will be no waiting period in July 2019 through the summer, EB-3 Filipino nurses will be able to apply for the I-140 straight away, and for their adjustment of status. Applicants who are outside of the United States, may apply for their immigrant visa at a U.S. Consulate/Embassy in their country of residence.

Important Steps

If your employer has not filed a PERM application for you, they should do so as soon as possible. The PERM requirement does not apply to registered nurses or physical therapists.

After the PERM application is approved, your employer must file Form I-140 Petition for Alien Worker on your behalf. Registered nurses and physical therapists do not need to file a PERM application, and their employers may proceed with the immigrant visa petition (I-140).

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On May 10, 2019, USCIS made important updates to its policy manual regarding public services which appear in PA-2019-03.

USCIS has clarified its policy regarding responses to service requests. It is the goal of USCIS to respond to a service request within 15 calendar days from the date the service request was filed with USCIS.

Requests Receiving Priority