Visa Lawyer Blog

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The Department of State raised eyebrows earlier this month when it released information that it will be reducing the waiting period for 221(G) “administrative processing,” in an effort to process visas more efficiently.

While this is welcome news, in practice it may not mean much. Consulates and Embassies have been notoriously secretive when it comes to 221(G) administrative processing and do not reveal the reason for a visa applicant being placed in administrative processing in the first place, nor the type of security checks that are being conducted.

What is 221(G) Administrative Processing?

First, let’s explain what administrative processing is. When an applicant visits a U.S. Consulate or Embassy overseas for their visa interview, there are only two possible outcomes that can occur at the conclusion of their interview. The Consular Officer may choose to either issue or “refuse” the visa. A refusal is not the same as a denial. It simply means that the visa applicant has not established his or her eligibility for the visa they are seeking for the time being, and the Consulate needs additional time or requires further information either from the visa applicant or another source to determine the applicant’s eligibility for the visa.

In most cases, visa applicants who have been “refused” will require further administrative processing.

How will I know if I have been placed in 221(G) administrative processing?

Visa applicants placed in administrative processing are often given what is called a “Notice of 221(G) Refusal” at the conclusion of their interview, which states that the visa application has been “refused” under section 221(G) of the Immigration and Nationality Act. The Notice should indicate whether additional administrative processing is required for your case, and whether any further action is required on your part, such as providing additional documentation or further information to process your visa.

However, in some cases visa applicants are not given such a Notice and will later discover that they have been placed in 221(G) administrative processing upon checking their visa status on the Consular Electronic Application Center (CEAC) visa status check webpage.

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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 share very exciting news for H-1B and L visa holders working in the United States.

The State Department is planning to resume the process of domestic visa revalidation in certain categories, like H-1B and L-1 visas, through the launch of a new pilot program that will soon be implemented later this year, specifically benefitting H-1B specialty occupation workers and L-1 visa holders who are currently required to travel abroad for renewal of their visas.

This move will restore stateside visa renewals, a practice that was previously discontinued by the government in 2004. Previously, certain categories of non-immigrant visa holders, particularly H-1B workers, could renew their visas and be stamped domestically while inside the United States. However, the government stopped allowing domestic renewal of these visas, requiring foreign workers to go out of the country and make an appointment at a U.S. Embassy or Consulate in their home country to receive an H-1B extension stamped in their passport.

The pilot program when fully implemented will benefit H-1B and L-1 workers allowing them to receive their stamping inside the United States without having to leave the country. This will help reduce the visa backlogs at U.S. Embassies and Consulates worldwide.

Additionally, the pilot program will potentially benefit tens of thousands of foreign workers, especially technology workers from India, where Consular operations are some of the busiest in the world.

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USCIS Updates Policy Manual Clarifying Physical Presence Requirement for Asylees and Refugees

The U.S. Citizenship and Immigration Services (USCIS) recently updated its Policy Manual to clarify that BOTH asylees and refugees must have been physically present in the United States for one year at the time the Immigration Officer adjudicates their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time the individual files their adjustment of status application.

This policy is effective immediately and applies to all Form I-485 Applications to Register Permanent Residence or Adjust Status and Form N-400, Applications for Naturalization, that are pending on February 2, 2023, and applications filed on or after that date.

What does this mean?

This means that in order to be eligible for adjustment of status (a green card), an asylee or refugee must have been physically present in the United States for at least 1 year after either being granted asylum status or admitted as a refugee.

Additionally, the policy manual:

  • Provides that asylees and refugees are required to accrue 1 year of physical presence by the time of adjudication of the adjustment of status application, rather than by the time they file the application (and that USCIS may request additional information to determine such physical presence in the United States).
  • Clarifies that asylee and refugee adjustment applicants who have held the immigration status of exchange visitor (J-1 or J-2 nonimmigrants) and who are subject to the 2-year foreign residence requirement under INA 212(e) are not required to comply with or obtain a waiver of such requirement in order to adjust status under INA 209.
  • Makes technical updates, including clarifying processing steps for refugees seeking waivers of inadmissibility and removing references to the obsolete Decision on Application for Status as Permanent Resident (Form I-291).
  • Provides that USCIS considers a refugee or asylee who adjusted status to a permanent resident despite filing for adjustment before accruing 1 year of physical presence to have been lawfully admitted for permanent residence for purposes of naturalization if the applicant satisfied the physical presence requirement at the time of approval of the adjustment of status application.

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Welcome back to Visalawyerblog! We hope you had a wonderful Christmas break with your families.

In this blog post, we share a new update from the State Department regarding the continuation of its interview waiver policy for certain nonimmigrant visa types.

In a new announcement, the Secretary of State has revealed that it is extending its interview waiver policy for certain nonimmigrant visa types until December 31, 2023, allowing Consular officers to continue to waive the in-person interview requirement for certain classes of immigrants.

What is the extension all about?

As you might recall back in December of last year, the State Department first announced its interview waiver policy for temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas in their country of nationality or residence, following USCIS approval of their petitions.

The State Department has now confirmed it will continue its interview waiver policy until at least the end of 2023.

Who qualifies?

Interview Waiver Policy for H, L, O, P, Q visas

Pursuant to the interview waiver policy, Consular officers have the discretion to waive the visa interview requirement for:

  • individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who were previously issued any type of visa, and that have not had any visa refusal or ineligibility issues in the past OR
  • first-time individual petition-based H-1, H-3, H-4, L, O, P, and Q who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided that they have no ineligibility issues and have previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization (ESTA)

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Welcome back to Visalawyerblog!

In this blog post, we bring you the latest information regarding Diversity Visa reassignment procedures for Afghan nationals.

Recently, the State Department announced the appropriate procedures for Diversity Visa lottery case reassignment for Afghan nationals.

Due to the suspension of visa operations at the U.S. Embassy in Kabul, Diversity Visa selectees for the 2023 Diversity Visa program year are advised to request reassignment of their cases to another embassy or consulate abroad that processes Diversity Visa applications.

To understand which Consular posts can accept your case, you must carefully review the U.S. Embassy webpage where you are seeking reassignment. For case reassignment to occur, you must be physically present in the consular district where the consulate or embassy is located at the time of your visa interview. Additionally, you must have permission from the consulate for case reassignment and the ability to remain in that country for a period of time sufficient to complete the processing of your visa application.

How Can I Request Reassignment?

To request reassignment, you must send an e-mail to KCC at KCCDV@state.gov with the subject line “Kabul Reassignment Request.”  Your email must include the following information: (1) full name, (2) date of birth, (3) case number, and (4) the name of the embassy or consulate where you would like your case to be reassigned.  After the KCC reviews your request, you will receive an email confirmation that your reassignment request was successful or, alternatively, requesting more information.  All emails are reviewed in the order they are received.

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In this blog post, we cover the release of the December Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of December.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filing Chart December 2022

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 December 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for December 2022.

December 2022 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

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We kick off the Thanksgiving week with some exciting news.

Recently, the American Immigration Lawyers Association (AILA) met with representatives from the Department of State to address some issues of concern relating to several different immigration topics.

We provide a summary of the questions asked and responses from the Department of State down below that was part of a recent roundtable with representatives from Consular Affairs.

Nonimmigrant and Immigrant Visa Applications from Third Country Nationals

Representatives reminded nonimmigrant visa applicants, including students, that they can apply for their visas at any embassy or consulate where they are physically present and obtain a visa appointment.

Additionally, immigrant visa applicants can request to transfer their case to another embassy or consulate if they are unable to travel to the post where their case is assigned.

As to the possibility for virtual visa interviews, the State Department has said immigrant visa applicants are required to appear in person before a consular officer to provide fingerprints, therefore video interviews would be of limited utility.

Interview Waivers

AILA informed the State Department that it appears that some appointment scheduling systems incorrectly identify applicants that are clearly not eligible for interview waivers as eligible and invite them to send in their passports for visa issuance.

In these instances, once the passport is submitted to the post, it is determined that the applicant is not eligible for an interview waiver, the applicant has to be contacted, their passport has to be returned, and they have to then schedule an in-person interview appointment.

The State Department has said it is not aware of this issue happening at posts and recommended that those experiencing issues with applications submitted via interview waiver processes should contact the relevant post for information.

E-2 Treaty Investor Visas  

Question: 9 FAM 402.9-6(A)(a)(4) informs officers that one of the determinations in evaluating E-2 Treaty Investor applications is that the: “Enterprise is a real and operating commercial enterprise,” and is then referred to 9 FAM 402.9-6(C) for further discussion.

The first sentence of 9 FAM 402.9-6(C) states: “The enterprise must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity.” The third sentence of 9 FAM 402.9-6(C) continues the description of the enterprise to state, “It cannot be a paper organization or an idle speculative investment…”Especially in the context of start-up businesses, defining these terms will provide greater clarity and guidance to E-2 visa applicants.

Please confirm: Are the words “operating” at 402.9-6(A)(a)(4) and “active” at 402.9-6(C) used interchangeably?

Answer: Almost. The term “active” at 402.9-6(C) was used to ensure that new enterprises that had not yet begun producing services or commodities, but which were actively taking steps to become operational, could also provide a basis for E visa issuance.

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Happy Veterans Day! On behalf of our law office, we would like to thank the servicemen and women who have dedicated their lives to protect our country. We are grateful to you for the sacrifices you have made and your service.

We close off the week with a recent update from the U.S. Department of State regarding immigrant visa processing in Havana, Cuba.

According to a new announcement made yesterday, the U.S. Embassy in Havana, Cuba, will fully resume immigrant visa processing beginning January 4, 2023.

This will include processing of immigrant petitions for immediate relatives, other family preference categories, diversity visas, and K fiancé(e) visas.

For its part, the U.S. Embassy in Georgetown, Guyana, will continue processing of Cuban immigrant visa applications for those individuals who were scheduled to attend in-person interviews there through the end of December of this year.

Immigrant visa applicants whose appointments were originally scheduled in Georgetown will complete case processing in Georgetown.

Sadly, case transfers from Georgetown to U.S. Embassy, Havana are not available for applicants who have already been scheduled to attend interviews in Georgetown.

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