Visa Lawyer Blog

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learn-6874566_1280Today the U.S. Department of State’s Bureau of Consular Affairs published the October Visa Bulletin. In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of October.

For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of October.

Highlights of the October 2024 Visa Bulletin

At a Glance

What can we expect to see in the month of October?

Employment-Based Categories

  • The Final Action date for China EB-3 Professionals and Skilled Workers will retrogress by five months, to April 1, 2020. The Date for Filing will retrogress by almost 8 months, to November 15, 2020.
  • The Final Action date for EB-3 Professionals and Skilled Workers Worldwide will advance by almost two years, to November 15, 2022. The Date for Filing will advance by one month, to March 1, 2023.
  • The Final Action date for China EB-5 Unreserved will advance by seven months, to July 15, 2016. The Date for Filing will retrogress by three months, to October 1, 2016.
  • The India EB-5 Unreserved Final Action date will advance by more than one year, to January 1, 2022. The Date for Filing will remain at April 1, 2022.

Family-Sponsored Categories

Final Action

  • F1 Mexico will advance by 7.8 months to January 1, 2003
  • F2A Mexico will advance by 1.1 months to March 8, 2021
  • F2A All other countries will advance by 1 week to November 22, 2021
  • F2B Mexico will advance by 6 months to January 15, 2005
  • F3 Mexico will advance by 5.7 months to August 22, 2000
  • F4 Mexico will advance by 2 weeks to February 22, 2001
  • F4 India will advance by 1.2 months to March 1, 2006

Dates for Filing

  • F1 Mexico will advance by 6 months to October 1, 2005
  • F2B Mexico will advance by 3 months to August 1, 2005
  • F3 Philippines will advance by 6 months to May 8, 2004
  • F3 All other countries will advance by 5.9 months to July 1, 2011
  • F4 Philippines will advance by 4 months to August 1, 2006

Now let’s dive into our analysis of the October 2024 Visa bulletin. 

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portugal-1355102_1280As of April 23, 2024, Portugal has joined the coveted list of countries eligible to participate in the E-2 Treaty Investor program via the passage of the Advancing Mutual Interests and Growing Our Success (AMIGOS) Act.

E-2 nonimmigrant visas are reserved for investors who are nationals of a treaty country. To qualify, an investment must be made into a U.S. company, the investor must hold at least 50% of the ownership interests, and the company must meet the E-2 visa requirements.

The E-2 visa is a very popular visa because there is no limit to the number of times the visa can be renewed, and it allows the company to sponsor other nationals of the treaty country as employees.

The addition of Portugal to the E-2 visa program presents a unique opportunity for Portuguese entrepreneurs to establish and grow their own businesses in the United States, while giving spousal dependents the opportunity to work for any employer in the United States.

It also presents an exciting opportunity for Brazilians who hold dual nationality with Portugal to participate in the program, as well as those who can obtain Portuguese citizenship through ancestry, legal residence, or by other lawful means.

Key Benefits of the E-2 visa program for Portuguese nationals

  • By law, the E-2 visa does not require any minimum investment amount and instead focuses on whether the investment is proportional based on the nature of the business. In most cases, entrepreneurs invest anywhere from $50,000 to $100,000 in their businesses.
  • E-2 treaty investor visas for Portuguese nationals are valid for five years and can be renewed indefinitely so long as the E-2 eligibility criteria are met.
  • Spouses and unmarried children under the age of 21 can apply for E-2 dependent visas to accompany the E-2 principal investor in the United States. Spouses are eligible for work authorization and can work for any employer in the United States.
  • Processing times for an E-2 visa interview at the U.S. Embassy in Lisbon can vary, but applicants can generally expect to be called for an interview approximately three months after submitting their application.  Upon approval, visas are typically issued within three to five business days.
  • Brazilians who hold dual nationality with Portugal can apply for the E-2 visa at the U.S. Consulate in Sao Paulo, the designated adjudicating post in Brazil for E-2 Treaty Country nationals.

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beach-4455433_1280In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.

What to Expect After Filing Form I-131F Parole in Place

Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.

Please note that the receipt notice can also be accessed on your myUSCIS portal

The Biometrics Appointment

Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.

Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).

If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.

Receiving a Decision

Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.

As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:

  • Your criminal history
  • The existence of removal proceedings
  • Unexecuted final removal orders
  • The results of background checks, including national security and public safety vetting Positive and adverse factors presented
  • Any other relevant information available to or requested by USCIS.

Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.

Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process.  Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.

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interview-7695015_1280Recently, the Department of State’s National Visa Center (NVC) released the August 2024 Immigrant Visa Backlog report, which provides data and statistics of the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, documentarily complete cases that have been scheduled for visa interviews, and those that are still awaiting visa interviews.

In this post, we compare the increase in the backlog from July to August.

According to the National Visa Center’s Immigrant Visa Backlog Report for the month of August 2024, there has been a substantial increase in the immigrant visa (IV) backlog rising from 394,835 pending cases in July to 408,937 cases in August — nearly a 3.5% increase amounting to 14,102 additional cases added to the backlog in just a one-month period. 

Additionally, when comparing the July and August Immigrant Visa backlogs, we can see that the number of immigrant visa applicants whose cases were documentarily complete and therefore ready to be scheduled for interviews decreased by 23,519 cases, from 488,285 (in July) to 464,766 (in August).

  • A case is considered documentarily complete by the National Visa Center, when the applicant has paid all necessary fees and submits all necessary documents to meet the formal visa application requirements, such that the case is ready to be scheduled for a visa interview. When a case becomes documentarily complete, the NVC sends applicants an email to notify them that their case is complete and pending scheduling at the local Consulate or Embassy.

August 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of July 31 464,766
Number of documentarily complete IV applicants scheduled for August 2024 interview appointments 55,829
Number of eligible IV applicants still pending the scheduling of an interview after August 2024 appointment scheduling was completed 408,937

July 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of June 30 488,285
Number of documentarily complete IV applicants scheduled for July 2023 interview appointments 53,450
Number of eligible IV applicants still pending the scheduling of an interview after July 2023 appointment scheduling was completed 394,825

Note: In Calendar Year 2019 on average, 60,866 applicants were pending the scheduling of an interview each month.

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news-7091305_1280

On May 13, 2024, the State Department announced record breaking milestones including the issuance of a whopping 5.2 million nonimmigrant visas at U.S. Embassies and Consulates worldwide in the first half of fiscal year 2024 – more than any previous year over the same period.

In the past six months alone, 30 percent of U.S. Embassies and Consulates worldwide set all-time records for nonimmigrant visas issued.

In particular, travel and tourism has been a focal point for the State Department considering that international visitors contribute as much as $239 billion annually to the U.S. economy and support approximately 9.5 million jobs.

Some of the key highlights from the State Department’s announcement are as follows:

In the first half of fiscal year 2024:

  • Almost 4.1 million B visitor visas and border crossing cards were issued for tourists and temporary business travelers worldwide, with nearly two-thirds from Mexico, India, Brazil, the People’s Republic of China, Colombia, Argentina, the Dominican Republic and Ecuador.

By the middle of fiscal year 2024, the State Department issued:

  • Approximately 134,000 visas for exchange visitor program participants and 115,000 visas for students. International students contributed almost $38 billion to the U.S. economy in the year 2022 and made up more than 335,000 jobs
  • A record breaking 205,000 visas were issued for temporary or seasonal workers in agriculture and other sectors
  • Almost 160,000 nonimmigrant visas were issued to airline and shipping crew members to support global transportation and supply chains—the second-highest half-year issuance record in this category in history
  • Almost 25,000 employment-based immigrant visas—75 percent more than same period in fiscal year 2019

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queue-869258_1280

In this blog post, we cover the newly released Immigrant Visa Backlog Report published by the Department of State. April’s report provides the latest data and statistics relating to the processing of immigrant visa applications at the National Visa Center.

This data includes information about the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, the number of cases that were scheduled for interviews by the end of the month, and the number of immigrant visa cases still waiting to be scheduled for a visa interview after interview appointment scheduling was completed.

The April Immigrant Visa Backlog Report

According to the National Visa Center’s April Immigrant Visa Backlog Report there has been an increase in the overall immigrant visa (IV) backlog from 326,415 pending cases in the month of March, to 351,624 pending cases still waiting to be scheduled for a visa interview at the end of April. By comparison, in February, there were 338,256 pending cases waiting for interview scheduling.

On the bright side, the Final Action dates in the April and May Visa Bulletin have shown substantial forward movement for nearly all family-sponsored categories. This has enabled more family-based immigrant visa applications to become documentarily complete and receive interview scheduling at U.S. Consulates and Embassies worldwide. Unfortunately, the same cannot be said for the employment-based categories, which have remained stagnant with little to no forward movement in recent months.

Additionally, when comparing the March and April Immigrant Visa backlog reports, we can see that the number of immigrant visa applicants whose cases were documentarily complete and therefore ready to be scheduled for an interview at Consulates and Embassies increased from 374,532 (as of February 29, 2024) to 404,459 (as of March 31, 2024). Of these cases, only 52,835 applicants whose cases became documentarily complete were scheduled for interview appointments in April 2024. By comparison, only 48,117 applicants were scheduled for interview in March.

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speech-7228844_1280

The long-awaited May 2024 Visa Bulletin has arrived! If you’d like to know all about the projected movement of the employment-based and family-sponsored categories in the month of May, we’ve got you covered.

Highlights of the May 2024 Visa Bulletin

Dates for Filing Chart

For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of the F2B category for Mexico which will advance by 1 month to September 1, 2004. Additionally, F3 Worldwide, China, and India will advance by 3 months to June 1, 2010. Finally, F4 India will advance by 2.2 months to June 15, 2006, F4 Mexico will advance by 1 week to April 22, 2001, and F4 Philippines will advance by over 1 month to June 1, 2005.

For the employment-based petitions, the Dates for Filing remain unchanged from the previous month.

Employment-based categories Final Action Chart

The Final Action Dates Chart shows no movement for all employment-based preference categories.

Family-sponsored categories

Movement in the Final Action Dates

On the other hand, the Final Action Dates Chart for the family-sponsored categories advanced in almost all categories as follows:

  • F1 Mexico will advance by 5.5 months to October 15, 2001
  • F1 Philippines will remain the same at March 1, 2012
  • F1 All other countries will advance by 4.9 months to July 8, 2015
  • F2A Mexico will advance by 2.8 months to November 8, 2020
  • F2A Philippines will advance by 8.7 months to June 1, 2021
  • F2A All other countries will advance by 8.7 months to June 1, 2021
  • F2B Mexico will advance by 4.3 months to March 1, 2004
  • F2B Philippines will remain at October 22, 2011
  • F2B All other countries will advance by 4.3 months to April 1, 2016
  • F3 Mexico will advance by 10.4 months to July 22, 1999
  • F3 Philippines will advance by 1.8 months to August 1, 2002
  • F3 All other countries will advance by 3 months to January 1, 2010
  • F4 Worldwide and China will advance by 1.4 months to July 22, 2007
  • F4 India will advance by 1 month to January 15, 2006
  • F4 Mexico will advance by 3.3 months to January 22, 2001
  • F4 Philippines will advance by 2.8 months to September 8, 2003

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passport-3127935_1280

The past year saw big victories for worldwide visa operations.

The Department of State recently provided statistics summarizing its visa processing capacity in the year 2023. The recent data shows tremendous advancement in visa processing capacity at Consular posts globally and provides a strong outlook for visa processing in the year 2024.

In the year 2023, the Department of State issued more nonimmigrant visas at U.S. Consular posts and Embassies worldwide than at any other time since 2015.

This included issuing a record of 10.4 million nonimmigrant visas globally, with more than 1 million nonimmigrant visas issued in a single month during March of 2023.

Some of the State Department’s accomplishments include:

  • The reunification of families, with the issuance of 563,000 immigrant visas (IVs) in FY 2023, with 30 of its missions issuing their largest number of immigrant visas ever.  Consular sections worldwide have reduced the overall immigrant visa interview scheduling backlog by nearly half, from nearly 532,000 in July 2021, to just over 275,500.
  • Prioritizing student and academic exchange visitor visa interviews to facilitate study at U.S. universities and colleges. Consular sections issued 830,000 student and exchange visitor visas in FY 2023, more than in any year since FY 2016.  More than 600,000 of those were for students pursuing an education in the United States, many of them from countries sending record numbers of students. Of these numbers, nearly 40,000 visas were issued to African students which set an all-time record.
  • Record numbers of visas were issued for seasonal agricultural and non-agricultural workers to facilitate the legal and orderly flow of labor. A record-breaking 442,000 visas were issued to H-2A and H-2B temporary workers in 2023, with nearly 90 percent of visas issued to workers from Mexico, El Salvador, Guatemala, and Honduras. 
  • A record number of 365,000 nonimmigrant visas were issued to airline and shipping crewmembers (C1/D) which are essential to maintaining international transportation and supply chains that support the U.S. and global economies.

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interview-6956089_1280

In the nick of time, on December 21, 2023, the Department of State announced that it will continue its interview waiver policy for certain nonimmigrant visa applicants. The agency’s interview waiver policy was previously set to expire on December 31, 2023. However, its implementation will continue starting on January 1, 2024, and remain in place until further notice.

Following consultations with the Department of Homeland Security (DHS), the Secretary of State has determined that the following categories of interview waivers are in the national interest.  Based on this directive, Consular Officers now have the authority and discretion to waive the in-person interview for:

  • First time H-2 visa applicants (temporary agricultural and non-agricultural workers); and
  • Other nonimmigrant visa applicants applying for any nonimmigrant visa classification who:
      • Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and
      • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

The Department of State reminds applicants who are renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date, that they will continue to be eligible for an interview waiver until further notice.

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visa-3653492_1280

The rumors are true. For the first time in nearly two decades, the Department of State (DOS) will process domestic visa renewals for certain H-1B visa applicants without requiring them to leave the United States.

This is all part of a new pilot program starting January 29, 2024, through April 1, 2024, that will allow 20,000 qualified H-1B nonimmigrant workers the opportunity to renew their visas domestically.

The Department of State hopes the pilot program will reduce heavy backlogs at more than 200 consular sections worldwide by making available an increased number of interview appointments for other visa categories, especially first-time travelers applying for business and tourism visas who require in-person interviews.

At the same time, DOS seeks to alleviate the burden on U.S. companies that employ H-1B workers by streamlining the visa renewal process.

The Department will accept applications for the pilot program starting January 29, 2024 on its webpage.

After the initial application period which ends on April 1st the Department will expand the scope of the program.

What are the Requirements to Participate?

Participation in this pilot will be limited to applicants who(se):

  1. Are seeking to renew an H–1B visa; during the pilot phase, the Department will not process any other visa classifications;
  2. Prior H–1B visa that is being renewed was issued by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023; or by Mission India with an issuance date of February 1, 2021, through September 30, 2021;
  3. Are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);
  4. Are eligible for a waiver of the in-person interview requirement;
  5. Have submitted ten fingerprints to the Department in connection with a previous visa application;
  6. Prior visa does not include a “clearance received” annotation;
  7. Do not have a visa ineligibility that would require a waiver prior to visa issuance;
  8. Have an approved and unexpired H–1B petition;
  9. Were most recently admitted to the United States in H–1B status;
  10. Are currently maintaining H–1B status in the United States;
  11. Period of authorized admission in H–1B status has not expired; and
  12. Intend to reenter the United States in H–1B status after a temporary period abroad.

Applicants that fall outside of this scope are not eligible to apply for a visa domestically.

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