Articles Posted in Immigrant Visas

5987235656_ab4ac64829_z

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.

Continue reading

nordwood-themes-359015-unsplash

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.

Continue reading

29936853911_6774afae33_z

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).

Continue reading

8566361276_1c793d2502_b

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.

flag-1195392_1920

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).

Continue reading

update-1672346_1920
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

box-157074_1280
It is an exciting and busy time at the Sapochnick Law Firm! Our Firm is gearing up for the long awaited H-1B season to kick off on Monday, April 1, 2019.

To help you put your best foot forward, we are sharing the ultimate running checklist for H-1B- cap-subject petitions. Please remember that employers cannot file an H-1B petition for an employee more than 6 months before the employee’s intended start date of employment. If selected in the lottery, H-1B visa workers can begin employment on October 1st.

How long is the H-1B visa good for?

kobby-mendez-1399442-unsplash-1

USCIS Issues Notice Extending TPS Designation for Beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador

In compliance with a court ordered preliminary injunction issued in the case Ramos v. Nielsen, USCIS has issued a notice formally announcing the automatic extension of TPS documentation for beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador until January 2, 2020.

Beneficiaries under the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador will retain their TPS while the preliminary injunction remains in effect, provided that an individual’s TPS is not withdrawn under Immigration and Nationality Act (INA) section 244(c)(3) or 8 CFR 244.14 because of ineligibility.

DHS has further announced that it is automatically extending through January 2, 2020, the validity of TPS related Employment Authorization Documents (EADs), Forms I–797, Notice of Action (Approval Notice), and Forms I–94 (Arrival/Departure Record) (‘‘TPS-Related Documentation’’), for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, provided that the affected TPS beneficiaries remain otherwise eligible for TPS.

TPS for these countries will not be terminated unless and until any superseding, final, nonappealable judicial order permits such terminations.

Venezuelan Immigrant Visa Processing

The Department of State recently announced that the U.S. Embassy in Bogota, Colombia is now the designated primary site to process immigrant visas for residents of Venezuela. Beginning April 2019, the National Visa Center will begin scheduling Venezuelan immigrant visa interviews at the U.S. Embassy in Bogota. Appointment notices for all future immigrant visa interviews will take place at the U.S. Embassy in Bogota.

Continue reading

j-kelly-brito-256889-unsplash

Now is the time to begin preparing for the upcoming H-1B visa lottery. USCIS will begin to accept H-1B cap-subject petitions for fiscal year 2020 beginning Monday, April 1, 2019. Please note: employers cannot file an H-1B petition for an employee more than 6 months before the employee’s intended start date. If accepted, H-1B visa workers can begin employment by October 1st. The H-1B visa is issued for up to three years but may be extended for another three years.

By law, a congressionally mandated cap exists which limits the issuance of H-1B visas to 65,000 per year. That is why the H-1B visa is commonly referred to as a ‘lottery’ visa.

Individuals (such as F-1 students) who hold advanced degrees (U.S. master’s or higher) are exempted from the 65,000 visa cap. Such applicant’s must demonstrate that they have obtained an American master’s degree or higher to be exempted from the cap, however only the first 20,000 petitions received by USCIS will benefit from this cap exemption.

In order to qualify for an H-1B visa:

  • a foreign worker must possess both a theoretical or practical application of a body of highly specialized knowledge;
  • an employer-employee relationship must exist. Only a U.S. employer can petition the entry of a foreign employee by filing USCIS Form I-129 Petition for Non-immigrant Worker. An employer-employee relationship exists if the U.S. employer has the right to hire, pay, fire, supervise or control the work of the employee;
  • the foreign worker must possess a bachelor’s degree, its foreign equivalent, or relevant work experience. If the foreign worker does not have formal education, but has at least 12 years of relevant work experience related to the specialty occupation, they may still qualify for an H-1B visa;
  • the foreign worker must be employed in a specialty occupation related to their field of study. A specialty occupation is an occupation that requires a bachelor’s degree or its equivalent;
  • the foreign worker must be paid at least the prevailing wage for the specialty occupation in the area of intended employment;

Continue reading

donald-trump-2789735_1280

A new policy brief published by the American Immigration Lawyers Association (AILA) analyzing USCIS processing times reveals that the agency has reached “crisis” level delays in processing immigrant and non-immigrant petitions. These delays have worsened during the Trump administration.

According to the report the most vulnerable populations include immigrant families, domestic abuse survivors and their children, traumatized and threatened persons seeking humanitarian aid, and U.S. businesses.

Specifically, the report finds that USCIS data released for fiscal years 2014 through 2018 reveals that USCIS is failing to adjudicate cases in a reasonable and timely manner:

  • The overall average case processing time surged by 46 percent over the past two fiscal years and 91 percent since FY 2014.
  • USCIS processed 94 percent of its form types—from green cards for family members to visas for human trafficking victims to petitions for immigrant workers—more slowly in FY 2018 than in FY 2014.
  • Case processing times increased substantially in FY 2018 even as case receipt volume appeared to markedly decrease
  • Data revealed a “net backlog” exceeding 2.3 million delayed cases at the end of FY 2017
  • DHS identified a net backlog of 2,330,143 USCIS cases as of the end of FY 2017.7
  • DHS observed that USCIS’s “net backlog has been as high as 1.7 million in FY 2004 and 1.5 million in FY 2008”—suggesting that USCIS’s net backlog at the conclusion of FY 2017 was its highest on record
  • the FY 2017 net backlog more than doubled from 1,047,751 cases at the conclusion of FY 2016—despite only a four percent increase in case receipts during that one-year period

What is to blame?

According to the report the following decisions made under the Trump administration have exacerbated delays and slowed the level of immigration to the United States:

Continue reading