Tag: eb -1

November 2022 Visa Bulletin – A Warning for EB-2 All Other Countries

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.

Below is a summary of the November Visa Bulletin, including Final Action Dates and changes from the previous month.

China:   EB-1 remains current; EB-2 holds at June 8, 2019; EB-3 freezes at June 15, 2018; EB-3 other workers advances three months to December 1, 2012.

India:   EB-1 remains current; EB-2 holds at April 1, 2012; EB-3 freezes at April 1, 2012; and EB-3 other workers remains April 1, 2012.

All Other Countries:   EB-1, EB-2 and EB-3 remain current (except for EB-3 Other Workers which has a cutoff date of June 1, 2020).

NOTE 1:  The November Visa Bulletin warns of possible future retrogression in the EB-2 All Other Countries category due to increased demand for overall visa numbers.

NOTE 2: USCIS will accept I-485 applications in November based on the Department of State’s slightly more favorable Dates for Filing chart.

This post was written by Courtland C. Witherup and the Immigration & Nationality Law Practice at Hunton Andrews Kurth.

For more immigration legal news, click here to visit the National Law Review.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.

USCIS to Implement Premium Processing for Certain Previously Filed Form I-140 Petitions

On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it would begin implementing premium processing for certain petitioners who have a pending Form I-140 under the EB-1 and EB-2 classifications.

As explained in our previous alert, USCIS had announced that it will expand its premium processing service to include additional immigration benefit case types, pursuant to a final rule issued by the Department of Homeland Security (DHS). The rule is intended to implement the Emergency Stopgap USCIS Stabilization Act passed by Congress and is part of USCIS’s efforts to reduce existing backlogs and provide needed relief to Employment Authorization Document (EAD) cardholders.

While the rule will become effective on May 31, 2022, it will be implemented in a phased approach over a three-year period. USCIS has now begun implementing these changes to premium processing, starting with certain Form I-140 classifications: EB-1C (classification as a multinational executive or manager) and EB-2 (classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW)).

This expansion will occur in the following phases:

  • Beginning June 1, 2022, USCIS will accept premium processing requests for EB-1C multinational executive and manager petitions received on or before January 1, 2021.
  • Beginning July 1, 2022, USCIS will accept premium processing requests for EB-2 NIW petitions received on or before June 1, 2021, and EB-1C multinational executive and manager petitions received on or before March 1, 2021.

USCIS will only accept premium processing requests for currently pending cases based on their date of filing, as noted above. USCIS is not accepting new Form I-140 petitions in these categories with a premium processing request at this time. We anticipate that USCIS will expand premium processing requests for more recently filed EB-1 and EB-2 petitions in the future.

Article By Shannon N. Parker of Mintz

For more immigration legal news, click here to visit the National Law Review.

©1994-2022 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.

Quota Reserved for Most Desired Immigrant Applicants Retrogresses for Natives of India and China!

august 2016 student loansThe Department of State published its August 2016 Visa Bulletin and it has a few impactful surprises. This is not good news for companies and foreign nationals.  Indian and Chinese foreign nationals, as usual, are the hardest hit.  Specifically, the historically open First Preference Employment Based Category (EB-1) retrogressed to January 1, 2010 for Indian and Chinese nationals.  We can’t recall the last time the EB-1 category was not current.

This is astonishing when you consider that the EB-1 group represents some of the most talented foreign nationals that are immigrating to the US. Specifically, the EB-1 category includes:

  • Individuals of Extraordinary Ability – to qualify the individual must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

  • Outstanding Researchers – to qualify the individual must demonstrate international recognition for his/her outstanding achievements in a particular academic field. The individual must have at least 3 years’ experience in teaching or research in that academic area and must be in the United States in order to pursue research in the field.

  • Multinational Managers/Executives – to qualify the individual must have been employed as a manager or executive outside the United States in the 3 years preceding the petition for at least 1 year by a parent, affiliate or subsidiary of a U.S. company where they will serve in the U.S. in a managerial or executive capacity.

There are additional delays for other nationalities and categories as well see: https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-august-2016.html. The most common employment based visa categories, beyond EB-1, are Second (EB-2) and Third (EB-3) preference. EB-2 is applicable for jobs that require an advanced degree or equivalent as a minimum, exceptional ability in the arts, sciences or business, and National Interest Waivers for individuals whose work is in the national interest. The EB-3 classification is for skilled workers, professionals and unskilled workers.

Chinese nationals are being treated the same this August, whether first, second or third preference. All three categories have a January 1, 2010 priority date. For Indian nationals, EB-1 is still the best category, but with the January 1, 2010 priority date – the news is not good! The EB-2 and EB-3 categories have a priority date of November 2004. Can you imagine waiting more than twelve years to complete a process once started?

Notably, the EB-2 “all other” category retrogressed to February 1, 2014 which is worse than the third preference category at March 15, 2016. So, EB-3 all other is better than EB-2! We haven’t see this type of movement in the “all other” category for a significant period of time.

What this Visa Bulletin represents is a “shutting off” of the flow of immigrant visas being issued for what is expected to be the remainder of the fiscal year. Fiscal Year 2017 starts on October 1, 2016 and new visa numbers will be available. In the August Visa Bulletin, the Department of State indicates that the EB-1 category will be opening back up in October. Assuming the State Departments calculations are generally on target, we should see movement in October or later in the fall that will resemble the dates where we left off in July 2016.

The Visa Bulletin and lack of visa numbers for skilled workers continues to be a daunting problem for employers and foreign nationals alike. The system for foreign nationals who want to “follow the rules” has broken down.   Further, there is no relief, or comprehensive immigration reform, in sight. Expect more whiplash inducing movement in the future.

ARTICLE BY Valarie H McPherson of Proskauer Rose LLP

Department of State Releases October 2012 Visa Bulletin

The National Law Review recently published an article, Department of State Releases October 2012 Visa Bulletin, written by Eleanor Pelta, Eric S. Bord, A. James Vázquez-Azpiri, Lance Director Nagel, Lisa H. Barton, and Malcolm K. Goeschl of Morgan, Lewis & Bockius LLP:

EB-2 category for China and India is no longer unavailable; cutoff dates remain for Rest of the World EB-2 category.

The U.S. Department of State (DOS) has released its October 2012 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 status to that of permanent resident or to obtain approval of an immigrant visa application at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the cutoff dates specified by the DOS.

What Does the October 2012 Visa Bulletin Say?

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

EB-2: A cutoff date of January 1, 2012, has been imposed for foreign nationals in the EB-2 category from all countries except China and India; a cutoff date of July 15, 2007, has been imposed for foreign nationals in the EB-2 category from China; a cutoff date of September 1, 2004, has been imposed for foreign nationals in the EB-2 category from India.

EB-3: There is continued backlog in the EB-3 category.

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

China: February 8, 2006 (forward movement of 139 days)
India: October 15, 2002 (forward movement of 23 days)
Mexico: October 22, 2006 (forward movement of 92 days)
Philippines: August 1, 2006 (forward movement of 54 days)
Rest of the World: October 22, 2006 (forward movement of 92 days)

Developments Affecting the EB-2 Employment-Based Category

MEXICO, THE PHILIPPINES, AND THE REST OF THE WORLD

In July, for the first time in many years, the DOS imposed a cutoff date for individuals who qualify for the EB-2 category and are chargeable to a country other than China or India (Mexico, the Philippines, and the Rest of the World). Since July, the cutoff date for individuals from these countries had been January 1, 2009. The October Visa Bulletin announced that, as of October 1, 2012, the cutoff date will move forward to January 1, 2012. This means that, beginning on October 1, 2012, an individual chargeable to Mexico, the Philippines, or the Rest of the World with a priority date before January 1, 2012, may file an AOS application or an immigrant visa application. It is expected that the DOS will remove cutoff dates for these countries completely in November and that the EB-2 category will be “current” for individuals chargeable to these countries.

INDIA AND CHINA

The October Bulletin indicates a cutoff date of September 1, 2004, for EB-2 individuals chargeable to India and a cutoff date of July 15, 2007, for EB-2 individuals chargeable to China. The EB-2 category was previously unavailable to individuals chargeable to India or China. This means that EB-2 individuals chargeable to India or China with a priority date preceding these respective dates may file an AOS application or have the application approved on or after October 1 of this year. It appears that the U.S. Citizenship and Immigration Services has a large number of AOS applications for EB-2 Indian and Chinese nationals that have been “preadjudicated” and will be approved on October 1.

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 and unchanged. 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 October 2012 Visa Bulletin in its entirety, please visit the DOS website here.

Copyright © 2012 by Morgan, Lewis & Bockius LLP.

Department of State Releases October 2012 Visa Bulletin

The National Law Review recently published an article by Eleanor Pelta, Eric S. Bord, A. James Vázquez-Azpiri, Lance Director Nagel, Lisa H. Barton, and Malcolm K. Goeschl of Morgan, Lewis & Bockius LLP regarding the October 2012 Visa Bulletin:

 

EB-2 category for China and India is no longer unavailable; cutoff dates remain for Rest of the World EB-2 category.

The U.S. Department of State (DOS) has released its October 2012 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 status to that of permanent resident or to obtain approval of an immigrant visa application at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the cutoff dates specified by the DOS.

What Does the October 2012 Visa Bulletin Say?

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

EB-2: A cutoff date of January 1, 2012, has been imposed for foreign nationals in the EB-2 category from all countries except China and India; a cutoff date of July 15, 2007, has been imposed for foreign nationals in the EB-2 category from China; a cutoff date of September 1, 2004, has been imposed for foreign nationals in the EB-2 category from India.

EB-3: There is continued backlog in the EB-3 category.

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

China: February 8, 2006 (forward movement of 139 days)
India: October 15, 2002 (forward movement of 23 days)
Mexico: October 22, 2006 (forward movement of 92 days)
Philippines: August 1, 2006 (forward movement of 54 days)
Rest of the World: October 22, 2006 (forward movement of 92 days)

Developments Affecting the EB-2 Employment-Based Category

MEXICO, THE PHILIPPINES, AND THE REST OF THE WORLD

In July, for the first time in many years, the DOS imposed a cutoff date for individuals who qualify for the EB-2 category and are chargeable to a country other than China or India (Mexico, the Philippines, and the Rest of the World). Since July, the cutoff date for individuals from these countries had been January 1, 2009. The October Visa Bulletin announced that, as of October 1, 2012, the cutoff date will move forward to January 1, 2012. This means that, beginning on October 1, 2012, an individual chargeable to Mexico, the Philippines, or the Rest of the World with a priority date before January 1, 2012, may file an AOS application or an immigrant visa application. It is expected that the DOS will remove cutoff dates for these countries completely in November and that the EB-2 category will be “current” for individuals chargeable to these countries.

INDIA AND CHINA

The October Bulletin indicates a cutoff date of September 1, 2004, for EB-2 individuals chargeable to India and a cutoff date of July 15, 2007, for EB-2 individuals chargeable to China. The EB-2 category was previously unavailable to individuals chargeable to India or China. This means that EB-2 individuals chargeable to India or China with a priority date preceding these respective dates may file an AOS application or have the application approved on or after October 1 of this year. It appears that the U.S. Citizenship and Immigration Services has a large number of AOS applications for EB-2 Indian and Chinese nationals that have been “preadjudicated” and will be approved on October 1.

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 and unchanged. 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 October 2012 Visa Bulletin in its entirety, please visit the DOS website here.

Copyright © 2012 by Morgan, Lewis & Bockius LLP

Department of State Releases June 2012 Visa Bulletin

Immigrant visas have become unavailable for Indian and Chinese nationals in the EB-2 category; DOS indicates that it may be necessary to establish a cutoff date for the EB-1 category.

The U.S. Department of State (DOS) has released its June 2012 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 status to that of permanent resident, or to obtain approval of an immigrant visa application at an American embassy or consulate abroad, provided that their priority dates are prior to the cutoff dates specified by the DOS.

What Does the June 2012 Visa Bulletin Say?

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

EB-2: Priority dates remain current for foreign nationals in the EB-2 category from all countries except China and India; immigrant visas are UNAVAILABLE for Indian and Chinese nationals in the EB-2 category.

As had been widely expected, the June Visa Bulletin indicates visa unavailability in the EB-2 category for individuals chargeable to India and China. The cutoff dates that were indicated in the May Visa Bulletin have been replaced with a “U” notation. This means that the annual quota of immigrant visas for EB-2 Indian and Chinese nationals has been exhausted for the 2012 fiscal year, and that no more immigrant visas for EB-2 Indian and Chinese nationals will be available until the 2013 fiscal year begins on October 1, 2012. When the October Visa Bulletin is published in mid-September, it is expected that the “U” notation will be removed from the EB-2 category for Indian and Chinese nationals and that cutoff dates will once again appear in this category. The DOS expects that the EB-2 India and China cutoff dates will not return to May 1, 2010 (the cutoff date indicated in the April Visa Bulletin), until the spring of 2013, however.

The practical effect of this immigrant visa unavailability is that, after June 1, no I-485 AOS applications for EB-2 Indian or Chinese nationals may be filed or approved until at least October of this year, regardless of the applicant’s priority date. Thus, even an EB-2 Indian or Chinese national with a 2006 priority date would not be able to file an I-485 application or have it approved. I-485 applications that are pending for EB-2 Indian and Chinese nationals will continue to be processed and Advance Paroles and Employment Authorization Documents will be issued as appropriate, but the I-485 applications themselves may not be approved until October 1, 2012, at the earliest.

Note: AOS applications for EB-2 Indian and Chinese nationals with current priority dates may be filed until May 31.

EB-3: There is continued backlog in the EB-3 category.

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

China: August 8, 2005 (forward movement of 129 days)
India: September 15, 2002 (forward movement of 7 days)
Mexico: June 8, 2006 (forward movement of 38 days)
Philippines: May 22, 2006 (forward movement of 21 days)
Rest of the World: June 8, 2006 (forward movement of 38 days)

DOS Predictions for the EB-1 Category and the Rest of the World EB-2 Category

The DOS has indicated that, in view of higher usage in the EB-1 category, it may be necessary to establish a cutoff date for the category, regardless of country of chargeability. The DOS has also indicated that a cutoff date may be established for the rest of the world EB-2 category (which is current at the moment), and that this may occur at any time in the next few months. Given the publication schedule of the Visa Bulletin, the establishment of such cutoff dates should be publicized at least two weeks before they become effective.

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 and unchanged. 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 June 2012 Visa Bulletin in its entirety, please visit the DOS website.

Copyright © 2012 by Morgan, Lewis & Bockius LLP