Tag: DOS

Roland C. Lechner

Certain Goods and Services Now Eligible for Importation into the United States from Cuba

The U.S. Department of State published its Section 515.582 List that outlines which goods and services produced by independent Cuban entrepreneurs are eligible for importation into the United States.

In accordance with the Cuban policy changes announced by U.S. President Barack Obama on December 17, 2014, the Office of Foreign Assets Control (OFAC) issued implementing regulations on January 16, 2015. A new Section 515.582 of the Cuban Assets Control Regulations (31 C.F.R. Part 515—the CACR) authorized the importation into the United States of certain goods and services produced by independent Cuban entrepreneurs as determined by the U.S. Department of State. However, Section 515.582 as issued on January 16 did not state what those goods and services actually are. Section 515.582 states the following:

Persons subject to U.S. jurisdiction are authorized to engage in all transactions, including payments, necessary to import certain goods and services produced by independent Cuban entrepreneurs as determined by the State Department as set forth on the State Department’s Section 515.582 List, located here.

Note 1 to §515.582: As of the date of publication in theFederal Register of the final rule including this provision, January 16, 2015, the State Department’s Section 515.582 List has not yet been published on its Web site. The State Department’s Section 515.582 list also will be published in the Federal Register, as will any changes to the list.

Note 2 to §515.582: Imports authorized by this section are not subject to the limitations set forth in §515.560(c).

On February 13, 2015, the Department of State issued its Section 515.582 List, as follows below.

Goods

The goods whose import is authorized by Section 515.582 “are goods produced by independent Cuban entrepreneurs, as demonstrated by documentary evidence” that are “imported into the United States directly from Cuba,” except for goods specified in the following sections/chapters of the Harmonized Tariff Schedule of the United States (HTS):

Section I: Live Animals; Animal Products (all chapters)
Section II: Vegetable Products (all chapters)
Section III: Animal or Vegetable Fats and Oils and Their Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes (all chapters)
Section IV: Prepared Foodstuffs; Beverages, Spirits, and Vinegar; Tobacco and Manufactured Tobacco Substitutes (all chapters)
Section V: Mineral Products (all chapters)
Section VI: Products of the Chemical or Allied Industries (chapters 28–32; 35–36, and 38)
Section XI: Textile and Textile Articles (chapters 51–52)
Section XV: Base Metals and Articles of Base Metal (chapters 72–81)
Section XVI: Machinery and Mechanical Appliances; Electrical Equipment; Parts Thereof; Sound Recorders and Reproducers, Television Image and Sound Recorders and Reproducers, and Parts and Accessories of Such Articles (all chapters)
Section XVII: Vehicles, Aircraft, Vessels, and Associated Transportation Equipment (all chapters)
Section XIX: Arms and Ammunition; Parts and Accessories Thereof (all chapters)

Accordingly, any goods produced by independent Cuban entrepreneurs that do not fall under one of the above-enumerated HTS categories are now eligible for importation. Persons subject to U.S. jurisdiction who engage in import transactions involving goods produced by an independent Cuban entrepreneur pursuant to Section 515.582 must obtain documentary evidence that demonstrates the entrepreneur’s independent status, such as a copy of a license to be self-employed that was issued by the Cuban government or, in the case of an entity, evidence that demonstrates that the entrepreneur is a private entity not owned or controlled by the Cuban government.

“Persons subject to U.S. jurisdiction” means the following for purposes of the CACR:

(a) Any individual, wherever located, who is a citizen or resident of the United States;
(b) Any person within the United States;
(c) Any corporation, partnership, association, or other organization organized under U.S. laws or the laws of any state, territory, possession, or district of the United States; and
(d) Any corporation, partnership, association, or other organization, wherever organized or doing business, that is owned or controlled by persons specified in items (a) or (c).

This Section 515.582 List does not supersede or excuse compliance with any additional requirements in U.S. law or regulation, including the relevant import duties as set forth on the HTS.

The Department of State stated that the $400 monetary limit set forth in Section 515.560(c)(3) of the CACR for travelers who bring back goods from Cuba as accompanied baggage would not apply for any goods now authorized for import under Section 515.582.

Services

The authorized services pursuant to 31 C.F.R. §515.582 are services supplied by an independent Cuban entrepreneur in Cuba, as demonstrated by documentary evidence. Persons subject to U.S. jurisdiction who engage in import transactions involving services supplied by an independent Cuban entrepreneur pursuant to Section 515.582 are required to obtain documentary evidence that demonstrates the entrepreneur’s independent status, such as a copy of a license to be self-employed that was issued by the Cuban government or, in the case of an entity, evidence that demonstrates that the entrepreneur is a private entity not owned or controlled by the Cuban government.

Payments

All payment transactions necessary to import goods and services authorized by Section 515.582 are also authorized. We recommend that payment documentation reference Section 515.582 to avoid payment rejection.

The Department of State, in consultation with other federal agencies, reserves the right to update the list periodically. Any subsequent updates will take effect when published on the Web page of the Bureau of Economic and Business Affairs’ Office of Economic Sanctions Policy and Implementation. Updates will also be published in the Federal Register.

BY
Louis Rothberg
Margaret M. Gatti

Department of State Releases January 2015 Visa Bulletin

Cutoff dates in the EB-2 India category remain severely backlogged, cutoff dates in EB-3 for the Rest of the World advance by seven months, cutoff dates for China advance by nine months, and EB-3 China is still ahead of EB-2 China.

The U.S. Department of State (DOS) has released its January 2015 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their statuses to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

What Does the January 2015 Visa Bulletin Say?

The January 2015 Visa Bulletin shows no change in the cutoff date for the EB-2 India category. EB-3 cutoff dates for the worldwide category will advance by seven months, and the EB-3 cutoff dates for China will advance by nine months.

The cutoff date for F2A applicants from all countries will advance slightly in January.

EB-1: All EB-1 categories will remain current.

EB-2: The cutoff date for applicants in the EB-2 category chargeable to India will remain at February 15, 2005. The cutoff date for applicants in the EB-2 category chargeable to China will advance to February 1, 2010. The EB-2 category for all other countries will remain current.

EB-3: The cutoff date for applicants in the EB-3 category chargeable to India will advance by 14 days to December 15, 2003. The cutoff date for applicants in the EB-3 category chargeable to China will advance by nine months to March 1, 2011, which remains ahead of the cutoff date for EB-2 China. The cutoff date for applicants in the EB-3 category chargeable to the Philippines, Mexico, and the worldwide category will advance by seven months to June 1, 2013.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: March 1, 2011 (forward movement of 273 days)
India: December 15, 2003 (forward movement of 14 days)
Mexico: June 1, 2013 (forward movement of 213 days)
Philippines: June 1, 2013 (forward movement of 213 days)
Rest of the World: June 1, 2013 (forward movement of 213 days)

Developments Affecting the EB-2 Employment-Based Category

Mexico, the Philippines, and the Rest of the World

The EB-2 category for applicants chargeable to all countries other than China and India has been current since November 2012. The January Visa Bulletin indicates no change to this trend. This means that applicants in the EB-2 category chargeable to all countries other than China and India may continue to file AOS applications or have applications approved through January 2015.

China

The December Visa Bulletin indicated a cutoff date of January 1, 2010 for EB-2 applicants chargeable to China. The January Visa Bulletin indicates a cutoff date of February 1, 2010, reflecting forward movement of 31 days. This means that applicants in the EB-2 category chargeable to China with a priority date prior to February 1, 2010 may file AOS applications or have applications approved in January 2015.

India

The cutoff date for EB-2 applicants chargeable to India remains at February 15, 2005. This means that only applicants in the EB-2 category chargeable to India with a priority date prior to February 15, 2005 may file AOS applications or have applications approved in January 2015.

Developments Affecting the EB-3 Employment-Based Category

China

The December Visa Bulletin indicated a cutoff date of June 1, 2010. The January Visa Bulletin shows a cutoff date of March 1, 2011, an advancement of nine months. This means that applicants in the EB-3 category chargeable to China with a priority date prior to March 1, 2011 may file AOS applications or have applications approved in January 2015.

India

The December Visa Bulletin indicated a cutoff date of December 1, 2003. The January Visa Bulletin will advance slightly, with a cutoff date of December 15, 2003. This means that EB-3 applicants chargeable to India with a priority date prior to December 15, 2003 may file AOS applications or have applications approved in January 2015.

Rest of the World

The December Visa Bulletin indicated a cutoff date of June 1, 2012 for EB-3 applicants chargeable to the worldwide category. The January Visa Bulletin indicates a cutoff date of November 1, 2012, reflecting forward movement of 153 days. This means that applicants in the EB-3 category chargeable to the worldwide category with a priority date prior to November 1, 2012 may file AOS applications or have applications approved in January 2015.

Developments Affecting the F2A Family-Sponsored Category

The December Visa Bulletin indicated a cutoff date of January 1, 2013 for F2A applicants from Mexico. The January Visa Bulletin indicates a cutoff date of February 22, 2013, reflecting forward movement of 43 days. This means that applicants from Mexico with a priority date prior to February 22, 2013 will be able to file AOS applications or have applications approved in January 2015.

The December Visa Bulletin indicated a cutoff date of March 22, 2013 for F2A applicants from all other countries. The January Visa Bulletin indicates a cutoff date of April 15, 2013, reflecting forward movement of 21 days. This means that F2A applicants from all other countries with a priority date prior to April 15, 2013 will be able to file AOS applications or have applications approved in January 2015.

Developments in the Coming Months

As noted in last month’s alert, the DOS Visa Office predicts the following movement in the next three months:

F2A Family-Sponsored Category

The cutoff date in the F2A category will likely advance by three to five weeks per month.

Employment-Based Second Preference Category

The worldwide category will likely remain current.
The cutoff date in the EB-2 China category will likely advance by three to five weeks per month.
The cutoff date in the EB-2 India category will likely remain unchanged.

Employment-Based Third Preference Category

The cutoff date in the EB-3 worldwide category will continue to advance rapidly for the next several months. Demand is expected to increase significantly, at which point, the cutoff dates will be adjusted accordingly.
The cutoff date in the EB-3 China category is expected to advance rapidly in the next few months. Demand is expected to increase and may result in adjustments to the cutoff date by February 2015.
The cutoff date in the EB-3 India category will advance little, if at all.
The cutoff date in the EB-3 Mexico category will remain at the worldwide date.
The cutoff date in the EB-3 Philippines category will remain at the worldwide date. Increased demand in this category may result in adjustments to the cutoff date later in the fiscal year.

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain static. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the January 2015 Visa Bulletin in its entirety, please visit the DOS website.

ARTICLE BY

Roland C. Lechner

Department of State Releases December 2014 Visa Bulletin

The Bulletin shows that cutoff dates in the EB-2 India category remain severely backlogged, cutoff dates in EB-3 for the Rest of the World and China advance by five months, and EB-3 China is now ahead of EB-2 China.

The U.S. Department of State (DOS) has released its December 2014 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their statuses to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

What Does the December 2014 Visa Bulletin Say?

The December Visa Bulletin shows no change in the cutoff date for the EB-2 India category. EB-3 cutoff dates for the Rest of the World and China will advance by five months.

The cutoff date for F2A applicants from all countries will advance slightly in December.

EB-1: All EB-1 categories will remain current.

EB-2: The cutoff date for applicants in the EB-2 category chargeable to India will remain at February 15, 2005. The cutoff date for applicants in the EB-2 category chargeable to China will advance to January 1, 2010. The EB-2 category for all other countries will remain current.

EB-3: The cutoff date for applicants in the EB-3 category chargeable to India will advance by seven days to December 1, 2003. The cutoff date for applicants in the EB-3 category chargeable to China will advance by five months to June 1, 2010, which is now ahead of the cutoff date for EB-2 China. The cutoff date for applicants in the EB-3 category chargeable to the Philippines, Mexico, and the Rest of the World will advance by five months to November 1, 2012.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: June 1, 2010 (forward movement of 152 days)

India: December 1, 2003 (forward movement of 7 days)

Mexico: November 1, 2012 (forward movement of 153 days)

Philippines: November 1, 2012 (forward movement of 153 days)

Rest of the World: November 1, 2012 (forward movement of 153 days)

Developments Affecting the EB-2 Employment-Based Category

Mexico, the Philippines, and the Rest of the World

The EB-2 category for applicants chargeable to all countries other than China and India has been current since November 2012. The December Visa Bulletin indicates no change to this trend. This means that applicants in the EB-2 category chargeable to all countries other than China and India may continue to file AOS applications or have applications approved through December 2014.

China

The November Visa Bulletin indicated a cutoff date of December 8, 2009 for EB-2 applicants chargeable to China. The December Visa Bulletin indicates a cutoff date of January 1, 2010, reflecting forward movement of 23 days. This means that applicants in the EB-2 category chargeable to China with a priority date prior to January 1, 2010 may file AOS applications or have applications approved in December 2014.

India

The cutoff date for EB-2 applicants chargeable to India remains at February 15, 2005. This means that only applicants in the EB-2 category chargeable to India with a priority date prior to February 15, 2005 may file AOS applications or have applications approved in December 2014.

Developments Affecting the EB-3 Employment-Based Category

China

The November Visa Bulletin indicated a cutoff date of January 1, 2010. The December Visa Bulletin remains unchanged, with a cutoff date of June 1, 2010. This means that applicants in the EB-3 category chargeable to China with a priority date prior to June 1, 2010 may file AOS applications or have applications approved in December 2014.

India

The November Visa Bulletin indicated a cutoff date of November 22, 2003. The December Visa Bulletin indicates a cutoff date of December 1, 2003, reflecting forward movement of seven days. This means that EB-3 applicants chargeable to India with a priority date prior to December 1, 2003 may file AOS applications or have applications approved in December 2014.

Rest of the World

The November Visa Bulletin indicated a cutoff date of June 1, 2012 for EB-3 applicants chargeable to the Rest of the World. The December Visa Bulletin indicates a cutoff date of November 1, 2012, reflecting forward movement of 153 days. This means that applicants in the EB-3 category chargeable to the Rest of the World with a priority date prior to November 1, 2012 may file AOS applications or have applications approved in December 2014.

Developments Affecting the F2A Family-Sponsored Category

The November Visa Bulletin indicated a cutoff date of September 22, 2012 for F2A applicants from Mexico. The December Visa Bulletin indicates a cutoff date of January 1, 2013, reflecting forward movement of 75 days. This means that applicants from Mexico with a priority date prior to January 1, 2013 will be able to file AOS applications or have applications approved in December 2014.

The November Visa Bulletin indicated a cutoff date of March 1, 2013 for F2A applicants from all other countries. The December Visa Bulletin indicates a cutoff date of March 22, 2013, reflecting forward movement of 21 days. This means that F2A applicants from all other countries with a priority date prior to March 22, 2013 will be able to file AOS applications or have applications approved in December 2014.

Developments in the Coming Months

As noted in last month’s alert, the DOS Visa Office predicts the following movement in the next three months:

F2A Family-Sponsored Category

The cutoff date in the F2A category will likely advance by three to five weeks per month.

Employment-Based Second Preference Category

The worldwide category will likely remain current.
The cutoff date in the EB-2 China category will likely advance by three to five weeks per month.
The cutoff date in the EB-2 India category will likely remain unchanged.

Employment-Based Third Preference Category

The cutoff date in the EB-3 worldwide category will continue to advance rapidly for the next several months. Demand is expected to increase significantly, at which point, the cutoff dates will be adjusted accordingly.
The cutoff date in the EB-3 China category is expected to advance rapidly in the next few months. Demand is expected to increase and may result in adjustments to the cutoff date by February 2015.
The cutoff date in the EB-3 India category will advance little, if at all.
The cutoff date in the EB-3 Mexico category will remain at the worldwide date.
The cutoff date in the EB-3 Philippines category will remain at the worldwide date. Increased demand in this category may result in adjustments to the cutoff date later in the fiscal year.

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain static. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the December 2014 Visa Bulletin in its entirety, please visit the DOS website.

ARTICLE BY

Malcolm K. Goeschl

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Department of State Releases November 2014 Visa Bulletin

The bulletin shows slight forward movement in all employment-based preference categories, with the exception of the EB-2 India category, which will remain unchanged.

The U.S. Department of State (DOS) has released its November 2014 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their statuses to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

What Does the November 2014 Visa Bulletin Say?

The November Visa Bulletin shows retrogression of more than four years in the cutoff date for the EB-2 India category.

The cutoff date for F2A applicants from all countries will advance slightly in October.

EB-1: All EB-1 categories will remain current.

EB-2: The cutoff date for applicants in the EB-2 category chargeable to India will retrogress by more than four years to February 15, 2005.The cutoff date for applicants in the EB-2 category chargeable to China will advance by 23 days to December 8, 2009. The EB-2 category for all other countries will remain current.

EB-3: The cutoff date for applicants in the EB-3 category chargeable to India will advance by seven days to November 22, 2003. The cutoff date for applicants in the EB-3 category chargeable to China will advance by nine months to January 1, 2010, once again moving ahead of the cutoff date for EB-2 China. The cutoff date for applicants in the EB-3 category chargeable to the Philippines, Mexico, and the worldwide category will advance by eight months to June 1, 2012.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: January 1, 2010 (forward movement of 275 days)
India: November 22, 2003 (forward movement of 7 days)
Mexico: June 1, 2012 (forward movement of 244 days)
Philippines: June 1, 2012 (forward movement of 244 days)
Rest of the World: June 1, 2012 (forward movement of 244 days)

Developments Affecting the EB-2 Employment-Based Category

Mexico, the Philippines, and the Rest of the World

The EB-2 category for applicants chargeable to all countries other than China and India has been current since November 2012. The November Visa Bulletin indicates no change to this trend. This means that applicants in the EB-2 category chargeable to all countries other than China and India may continue to file AOS applications or have applications approved through November 2014.

China

The October Visa Bulletin indicated a cutoff date of November 15, 2009 for EB-2 applicants chargeable to China. The November Visa Bulletin indicates a cutoff date of December 8, 2009, reflecting forward movement of 23 days. This means that applicants in the EB-2 category chargeable to China with a priority date prior to December 8, 2009 may file AOS applications or have applications approved in November 2014.

India

Throughout September and October, the cutoff date for EB-2 applicants chargeable to India was May 1, 2009. The November Visa Bulletin indicates a cutoff date of February 15, 2005, reflecting a retrogression of more than four years. This means that only applicants in the EB-2 category chargeable to India with a priority date prior to February 15, 2005 may file AOS applications or have applications approved in November 2014.

The cutoff date in the EB-2 India category had advanced rapidly in recent months through the use of “otherwise unused” employment-based visa numbers prescribed by section 202(a)(5) of the Immigration and Nationality Act. The DOS’s Visa Office had warned that continued forward movement of this cutoff date could not be guaranteed and that increased demand in this category would require the retrogression of the cutoff date in order to hold number use within the fiscal year 2015 annual limit.

Developments Affecting the EB-3 Employment-Based Category

China

The October Visa Bulletin indicated a cutoff date of April 1, 2009 for EB-3 applicants chargeable to China. The November Visa Bulletin indicates a cutoff date of January 1, 2010, reflecting forward movement of 275 days. This means that applicants in the EB-3 category chargeable to China with a priority date prior to January 1, 2010 may file AOS applications or have applications approved in November 2014.

India

The October Visa Bulletin indicated a cutoff date of November 15, 2003 for EB-3 applicants chargeable to India. The November Visa Bulletin indicates a cutoff date of November 22, 2003, reflecting forward movement of seven days. This means that EB-3 applicants chargeable to India with a priority date prior to November 22, 2003 may file AOS applications or have applications approved in November 2014.

Rest of the World

The October Visa Bulletin indicated a cutoff date of October 1, 2011 for EB-3 applicants chargeable to the worldwide category. The November Visa Bulletin indicates a cutoff date of June 1, 2012, reflecting forward movement of 244 days. This means that applicants in the EB-3 category chargeable to the worldwide category with a priority date prior to June 1, 2012 may file AOS applications or have applications approved in November 2014.

Developments Affecting the F2A Family-Sponsored Category

The October Visa Bulletin indicated a cutoff date of July 22, 2012 for F2A applicants from Mexico. The November Visa Bulletin indicates a cutoff date of September 22, 2012, reflecting forward movement of 62 days. This means that applicants from Mexico with a priority date prior to September 22, 2012 will be able to file AOS applications or have applications approved in November 2014.

The October Visa Bulletin indicated a cutoff date of February 1, 2013 for F2A applicants from all other countries. The November Visa Bulletin indicates a cutoff date of March 1, 2013, reflecting forward movement of 28 days. This means that F2A applicants from all other countries with a priority date prior to March 1, 2013 will be able to file AOS applications or have applications approved in November 2014.

Developments in the Coming Months

The DOS Visa Office predicts the following movement in the next three months:

F2A Family-Sponsored Category

The cutoff date in the F2A category will likely advance by three to five weeks per month.

Employment-Based Second Preference Category

The worldwide category will likely remain current.
The cutoff date in the EB-2 China category will likely advance by three to five weeks per month.
The cutoff date in the EB-2 India category will likely remain unchanged.

Employment-Based Third Preference Category

The cutoff date in the EB-3 worldwide category will continue to advance rapidly for the next several months. Demand is expected to increase significantly, at which point, the cutoff dates will be adjusted accordingly.
The cutoff date in the EB-3 China category is expected to advance rapidly in the next few months. Demand is expected to increase and may result in adjustments to the cutoff date by February 2015.
The cutoff date in the EB-3 India category will advance little, if at all.
The cutoff date in the EB-3 Mexico category will remain at the worldwide date.
The cutoff date in the EB-3 Philippines category will remain at the worldwide date. Increased demand in this category may result in adjustments to the cutoff date later in the fiscal year.

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain static. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the November 2014 Visa Bulletin in its entirety, please visit the DOS website.

November Visa Bulletin Confirms Fears of Significant Retrogression for EB-2 India

The Department of State released its November Visa Bulletin today. It is a mixture of good news and really bad news. The good news is that the EB-2 and EB-3 categories for all countries, except for India, continue to experience forward movement. Worldwide, EB-2 availability remains current and EB-3 availability advanced to June 1, 2012. China also experienced forward movement, with EB-2 advancing to December 8, 2009, and EB-3 advancing to January 1, 2010.

The really bad news in the Visa Bulletin relates to visa availability for India. As expected, EB-2 availability for India retrogressed by more than four years, from May 1, 2009, to February 15, 2005. EB-3, however, advanced by one week to November 22, 2003.

The Visa Bulletin also contains projections for future months. Visa availability in the EB-1 (all countries) and EB-2 (worldwide) categories are expected to remain current over the coming months. EB-3 worldwide availability is expected to experience rapid forward movement for the next several months. For China, EB-2 availability is projected to increase by three to five weeks per month, and rapid forward movement is also expected in the EB-3 category, with potential retrogression in February. India is not expected to have any forward movement in the EB-2 or EB-3 categories.

In short, individuals from India face a bleak outlook in green card availability over the next few months, while the future is brighter for individuals from all other countries.

EB Category	Worldwide	China	India
EB-1	Current	Current	Current
EB-2	Current	12/08/2009	02/15/2005
EB-3	06/01/2012	01/01/2010	11/22/2003

ARTICLE BY

Scott T. Decker

Greenberg Traurig, LLP

Effective September 12, 2014: New Fees for Some Nonimmigrant and Immigrant Visas

The Department of State (DOS) has revised certain nonimmigrant and immigrant visa fees. DOS has adjusted the visa fees in the following categories:

E visas – treaty/trader and Australian specialty occupation visas decreased to $205 (from $270).
K visas – Fiancé(e) or Spouse of U.S. citizen category visa increased to $265.
Immigrant visa application processing fee based on an approved I-130 Immediate Relative of Family Preference petition increased to $325.
Immigrant visa processing fee based on an approved I-140 employment-based petition decreased to $345 (from $405).

As detailed on the DOS website, the following procedures apply:

DOS will not refund the difference for fees that have been lowered.
If you are applying for a category where the fee has been raised and you have already paid the fee, you are not required to pay the difference between the amount you paid and the new fee as long as your appointment is on or before December 11, 2014.
If you are applying for a category where the fee has been raised, you are required to pay the difference between the amount you paid and the new fee if your appointment is on or after December 12, 2014.

ARTICLE BY

Barbara Chin

Department of State Releases October 2014 Visa Bulletin

The bulletin shows slight forward movement in all employment-based preference categories, with the exception of the EB-2 India category, which will remain unchanged.

The U.S. Department of State (DOS) has released its October 2014 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their statuses to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

What Does the October 2014 Visa Bulletin Say?

The October Visa Bulletin shows moderate advancement of the cutoff dates in all of the employment-based categories other than EB-2 India, which will remain unchanged from September because of significant demand in this category.

The cutoff date for F2A applicants from all countries will advance slightly in October.

EB-1: All EB-1 categories will remain current.

EB-2: The cutoff date for applicants in the EB-2 category chargeable to India will remain unchanged at May 1, 2009. The cutoff date for applicants in the EB-2 category chargeable to China will advance by 38 days to November 15, 2009. The EB-2 category for all other countries will remain current.

EB-3: The cutoff date for applicants in the EB-3 category chargeable to India will advance by seven days to November 15, 2003. The cutoff date for applicants in the EB-3 category chargeable to China will advance by 151 days to April 1, 2009. The cutoff date for applicants in the EB-3 category chargeable to the Philippines, Mexico, and the worldwide category will advance by six months to October 1, 2011.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: April 1, 2009 (forward movement of 151 days)
India: November 15, 2003 (forward movement of seven days)
Mexico: October 1, 2011 (forward movement of 183 days)
Philippines: October 1, 2011 (forward movement of 183 days)
Rest of the World: October 1, 2011 (forward movement of 183 days)

Developments Affecting the EB-2 Employment-Based Category

Mexico, the Philippines, and the Rest of the World

The EB-2 category for applicants chargeable to all countries other than China and India has been current since November 2012. The October Visa Bulletin indicates no change to this trend. This means that applicants in the EB-2 category chargeable to all countries other than China and India may continue to file AOS applications or have applications approved through October 2014.

China

The September Visa Bulletin indicated a cutoff date of October 8, 2009 for EB-2 applicants chargeable to China. The October Visa Bulletin indicates a cutoff date of November 15, 2009, reflecting forward movement of 38 days. This means that applicants in the EB-2 category chargeable to China with a priority date prior to November 15, 2009 may file AOS applications or have applications approved in October 2014.

India

The September Visa Bulletin indicated a cutoff date of May 1, 2009 for EB-2 applicants chargeable to India. The October Visa Bulletin indicates a cutoff date of May 1, 2009, reflecting no movement. This means that applicants in the EB-2 category chargeable to India with a priority date prior to May 1, 2009 may file AOS applications or have applications approved in October 2014.

The September Visa Bulletin indicated that the use of potentially “otherwise unused” employment-based visa numbers prescribed by section 202(a)(5) of the Immigration and Nationality Act had allowed the cutoff date in the EB-2 India category to advance rapidly in recent months. The September Bulletin warned that continued forward movement of this cutoff date could not be guaranteed. The October Visa Bulletin indicates no movement of the cutoff date in the EB-2 India category in October in order to regulate demand. It further notes that increased demand will require the retrogression of the cutoff date, possibly in November, to hold number use within the fiscal year 2015 annual limit.

Developments Affecting the EB-3 Employment-Based Category

China

The September Visa Bulletin indicated a cutoff date of November 1, 2008 for EB-3 applicants chargeable to China. The October Visa Bulletin indicates a cutoff date of April 1, 2009 reflecting forward movement of 151 days. This means that applicants in the EB-3 category chargeable to China with a priority date prior to April 1, 2009 may file AOS applications or have applications approved in October 2014.

India

The September Visa Bulletin indicated a cutoff date of November 8, 2003 for EB-2 applicants chargeable to India. The October Visa Bulletin indicates a cutoff date of November 15, 2003, reflecting forward movement of seven days. This means that EB-3 applicants chargeable to India with a priority date prior to November 15, 2003 may file AOS applications or have applications approved in October 2014.

Rest of the World

The September Visa Bulletin indicated a cutoff date of April 1, 2011 for EB-3 applicants chargeable to the worldwide category. The October Visa Bulletin indicates a cutoff date of October 1, 2011, reflecting forward movement of 183 days. This means that applicants in the EB-3 category chargeable to the worldwide category with a priority date prior to October 1, 2011 may file AOS applications or have applications approved in October 2014.

Developments Affecting the F2A Family-Sponsored Category

The September Visa Bulletin indicated a cutoff date of April 22, 2012 for F2A applicants from Mexico. The October Visa Bulletin indicates a cutoff date of July 22, 2012, reflecting forward movement of 91 days. This means that applicants from Mexico with a priority date prior to July 22, 2012 will be able to file AOS applications or have applications approved in October 2014.

The September Visa Bulletin indicated a cutoff date of January 1, 2013 for F2A applicants from all other countries. The October Visa Bulletin indicates a cutoff date of February 1, 2013, reflecting forward movement of 31 days. This means that F2A applicants from all other countries with a priority date prior to February 1, 2013 will be able to file AOS applications or have applications approved in October 2014.

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain static. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. See the October 2014 Visa Bulletin in its entirety at the DOS website.

ARTICLE BY

Malcolm K. Goeschl

Department of State Releases September 2014 Visa Bulletin

The bulletin shows continued forward movement in the EB-2 India category while the cutoff dates in most other employment-based categories remain unchanged.

The U.S. Department of State (DOS) has released its September 2014 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their statuses to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

What Does the September 2014 Visa Bulletin Say?

After several months of significant movement in both directions, the September Visa Bulletin shows no movement in any of the employment-based categories other than continued forward movement in the EB-2 India and EB-3 Philippines categories. Such continued forward movement in the EB-2 India category cannot be guaranteed; once significant demand in this category occurs, the cutoff date is likely to once again retrogress.

The cutoff date for F2A applicants from all countries will advance significantly in September.

EB-1: All EB-1 categories will remain current.

EB-2: The cutoff date of January 22, 2009 for applicants in the EB-2 category chargeable to India will advance by slightly more than three months to May 1, 2009. The cutoff date of October 8, 2009 for applicants in the EB-2 category chargeable to China will remain unchanged. The EB-2 category for all other countries will remain current.

EB-3: The cutoff date of November 8, 2003 for applicants in the EB-3 category chargeable to India will remain unchanged. The cutoff date of November 1, 2008 for applicants in the EB-3 category chargeable to China will also remain unchanged. The cutoff date of June 1, 2010 for applicants in the EB-3 category chargeable to the Philippines will advance by 10 months to April 1, 2011. The cutoff date of April 1, 2011 for applicants chargeable to Mexico and the Rest of the World will remain unchanged.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: November 1, 2008 (no movement)
India: November 8, 2003 (no movement)
Mexico: April 1, 2011 (no movement)
Philippines: April 1, 2011 (forward movement of 10 months)
Rest of the World: April 1, 2011 (no movement)

Developments Affecting the EB-2 Employment-Based Category

Mexico, the Philippines, and the Rest of the World

The EB-2 category for applicants chargeable to all countries other than China and India has been current since November 2012. The September Visa Bulletin indicates no change to these categories. This means that applicants in the EB-2 category chargeable to all countries other than China and India may continue to file AOS applications or have applications approved through September 2014.

China

The August Visa Bulletin indicated a cutoff date of October 8, 2009 for EB-2 applicants chargeable to China. The September Visa Bulletin indicates no change to this cutoff date. This means that applicants in the EB-2 category chargeable to China with a priority date prior to October 8, 2009 may file AOS applications or have applications approved in September 2014.

India

The August Visa Bulletin indicated a cutoff date of January 22, 2009 for EB-2 applicants chargeable to India. The September Visa Bulletin indicates a cutoff date of May 1, 2009, reflecting forward movement of 99 days. This means that applicants in the EB-2 category chargeable to India with a priority date prior to May 1, 2009 may file AOS applications or have applications approved in September 2014.

The September Visa Bulletin notes that the use of potentially “otherwise unused” employment-based visa numbers prescribed by section 202(a)(5) of the Immigration and Nationality Act has allowed the cutoff date in the EB-2 India category to advance rapidly in recent months. The Visa Bulletin warns that continued forward movement of this cutoff date in upcoming months cannot be guaranteed, and no assumptions should be made until the dates are formally announced. Once there is a significant increase in demand in this category, it will be necessary to retrogress the cutoff date, possibly as early as November, to hold numbers within the fiscal year 2015 annual limit.

Developments Affecting the EB-3 Employment-Based Category

China

The August Visa Bulletin indicated a cutoff date of November 1, 2008 for EB-3 applicants chargeable to China. The September Visa Bulletin indicates no change to this cutoff date. This means that only applicants in the EB-3 category chargeable to China with a priority date prior to November 1, 2008 may file AOS applications or have applications approved in September 2014.

India

The August Visa Bulletin indicated a cutoff date of November 8, 2003 for EB-2 applicants chargeable to India. The September Visa Bulletin indicates no change to this cutoff date. This means that only EB-3 applicants chargeable to India with a priority date prior to November 8, 2003 may file AOS applications or have applications approved in September 2014.

Rest of the World

The August Visa Bulletin indicated a cutoff date of April 1, 2011 for EB-3 applicants chargeable to the Rest of the World. The September Visa Bulletin indicates no change to this cutoff date. This means that only applicants in the EB-3 category chargeable to the Rest of the World with a priority date prior to April 1, 2011 may file AOS applications or have applications approved in September 2014.

Developments Affecting the F2A Family-Sponsored Category

The August Visa Bulletin indicated a cutoff date of March 15, 2011 for F2A applicants from Mexico. The September Visa Bulletin indicates a cutoff date of April 22, 2012, reflecting forward movement of 404 days. This means that applicants from Mexico with a priority date prior to April 22, 2012 will be able to file AOS applications or have applications approved in September 2014.

The August Visa Bulletin indicated a cutoff date of May 1, 2012 for F2A applicants from all other countries. The September Visa Bulletin indicates a cutoff date of January 1, 2013, reflecting forward movement of 245 days. This means that worldwide, F2A applicants with a priority date prior to January 1, 2013 will be able to file AOS applications or have applications approved in September 2014.

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain static. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the September 2014 Visa Bulletin in its entirety, please visit the DOS website.

ARTICLE BY

Lisa Stephanian
Burton

Malcolm K. Goeschl