Articles Posted in Interviews

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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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Our readers will be happy to know that the Department of State has released a new update in the month of October on the status of worldwide consular visa operations.

The COVID-19 pandemic caused a period of uncertainty and created tremendous backlogs at the Consular level. As most of you will remember, Consular missions around the world suspended routine visa services in March of 2020 to combat the rapid spread of COVID-19. Later, the Department of State announced a phased resumption of routine visa services, however some Consulates and Embassies resumed services faster than others. Since then, things have slowly but surely started to turn around.

To help improve visa processing, the State Department has said that worldwide visa operations are now recovering faster than expected. More U.S. foreign service personnel have been hired to reduce visa interview wait times at Consular posts worldwide. It is expected that this year, the Department of State will reach pre-pandemic processing levels. This is amazing news for immigrants that have been waiting for visa interview appointments for months, or even years.


How did COVID-19 impact Worldwide Visa Operations?


The COVID-19 pandemic impacted the agency’s ability to process visa applications in two major ways.

First, restrictions on travel to the United States, social distancing, and local quarantine restrictions made it difficult to accommodate large groups of people inside Consular facilities, such as waiting rooms. This of course reduced the number of people that could be scheduled for in-person visa appointments dramatically, causing a reduction in the number of visa applications that could be processed.

Secondly, due to the suspension of visa services worldwide, the State Department experienced a substantial decrease in funding which led to a declining workforce in 2020 and 2021. This dramatically impacted the number of applications that could be processed.

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We kick off the start of a brand-new week with some exciting news.

In this blog post, we would like to notify our readers that the Department of State will soon open the online green card lottery registration system for the Diversity Visa Lottery Program for fiscal year 2024 (DV-2024)


What you need to know


The State Department will be accepting online registrations for the Diversity Visa Lottery program for Fiscal Year (FY) 2024 beginning Wednesday, October 5, 2022, at 12 noon, Eastern Daylight Time (EDT) (GMT-4) with online registration closing on Tuesday, November 8, 2022, at 12:00 noon, Eastern Standard Time (EST) (GMT-5). 

It is completely free to submit an online registration.

Foreign nationals who want to have a chance of being selected must register for the lottery by Tuesday, November 8, 2022, at noon EST online.

Submission of more than one entry for a person will disqualify all entries for that person.

The Fiscal Year 2024 DV lottery program will have up to 55,000 green cards up for grabs that will be selected through a randomized computer-generated process. Winners for FY 2024 are expected to be announced starting May 6, 2023 through September 30, 2024 on the E-DV Website.


Why should I apply?


Foreign nationals selected in the FY 2024 lottery are eligible to file their green card applications starting October 2023.


Am I eligible to enter?


You are eligible to participate if you meet the following requirements.

Requirement #1: You must be a native of a country with historically low rates of immigration to the United States to enter

Click here for the complete list of countries eligible (p. 16 to 20).

If you are not a native of a country with historically low rates of immigration to the United States, there are two other ways you might be able to qualify.

  • Is your spouse a native of a country with historically low rates of immigration to the United States? If yes, you can claim your spouse’s country of birth – provided that you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States at the same time.
  • Are you a native of a country that does not have historically low rates of immigration to the United States, but in which neither of your parents was born or legally resident at the time of your birth? If yes, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2023 program.

Requirement #2: Each DV applicant must meet the education/work experience requirement of the DV program by having either:

  • at least a high school education or its equivalent, defined as successful completion of a 12-year course of formal elementary and secondary education;

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