Tag: Visa Bulletin

June 2016 Visa Bulletin Update

The Department of State (DOS) has released the June 2016 Visa Bulletin that includes the “Application Final Action Dates” and “Dates for Filing Applications.”

For both family-sponsored and employment-based filings, the United States Citizenship and Immigration Service (USCIS) website indicates that the Application Final Action Dates chart must be used for May 2016.

Please see below for the Application Final Action Dates for both family-sponsored and employment-based preference filings:

Application Final Action Dates for Family-Sponsored Visa Applications

June Visa Bulletin

Movement from the May 2016 Visa Bulletin shows gradual but insignificant jumps in processing dates for this category, with the exception of China, F4 dates retrogressing from July 22, 2003 to January 1, 2003.

Application Final Action Dates for Employment-Based Preference Cases

IBI blog june 2016

Of particular note is that China EB-2 and EB-3 preference categories saw a retrogression from September 1, 2012 to January 1, 2010; and August 15, 2013 to January 1, 2010, respectively; and India EB-2 preference category also experienced a four-year retrogression from November 22, 2008 to October 1, 2004.

©2016 Greenberg Traurig, LLP. All rights reserved.
  • See more at: http://www.natlawreview.com/article/june-2016-visa-bulletin-update#sthash.svy3O7QO.dpuf

Department of State Releases May 2016 Visa Bulletin

The US Department of State (DOS) has released its May 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status and consular immigrant visa application filings and approvals. A new geographic sector encompassing El Salvador, Guatemala, and Honduras has been added to the employment-based (EB) charts.  A new geographic sector that includes El Salvador, Guatemala, and Honduras has been added.

What Does the May 2016 Visa Bulletin Say?

The May 2016 Visa Bulletin includes both a Dates for Filing Visa Applications and Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustment of status or immigrant visa, and the latter indicates when an adjustment of status application or immigrant visa application may be approved and permanent residence granted.

If the US Citizenship and Immigration Services (USCIS) determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will state on its website that applicants may use the Dates for Filing Visa Applications chart. Otherwise, applicants should use the Application Final Action Dates chart to determine when they may file their adjustment of status applications. For May 2016, USCIS announced that EB applicants must use the Application Final Action Dates chart.

Application Final Action Dates

To be eligible to file an EB adjustment application in May 2016, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country (changes from last month’s Visa Bulletin dates are shown in yellow):

EB

All Charge-
ability
Areas Except
Those Listed

China
(mainland
born)

El Salvador,
Guatemala,
and Honduras

India

Mexico

Philippines

1st

C

C

C

C

C

C

2nd

C

01SEP12

C

22NOV08
(was 08NOV08)

C

C

3rd

15FEB16

15AUG13

15FEB16

01SEP04
(was 08AUG04)

15FEB16

08AUG08
(was 01May08)

Other Workers

15FEB16

22APR07
(was 01MAR07)

15FEB16

01SEP04
(was 08AUG04)

15FEB16

08AUG08
(was 01May08)

4th

C

C

01JAN10

C

C

C

Certain Religious Workers

C

C

01JAN10

C

C

C

5th
Nonregional
Center
(C5 and T5)

C

08FEB14
(was 01FEB14)

C

C

C

C

5th
Regional
Center
(I5 and R5)

C

08FEB14
(was 01FEB14)

C

C

C

C

How This Affects You

Most countries saw a relatively minor advancement in priority cutoff dates, generally three weeks at most. The largest changes in the Application Final Action Dates chart are in the EB-3 and Other Workers Philippines category, which advanced by three and a half months to August 8, 2008.

The Third Preference final action date for EB-3 China has been “held” for the month of May, with no change in priority date cutoff. The DOS indicated that continued heavy demand for numbers will require a retrogression of this date for June to hold number use within the FY2016 annual limit. It is extremely likely that the India and Mexico Employment Fourth Preference categories will also become oversubscribed at some point during the summer months.

The addition of the El Salvador, Guatemala, and Honduras category is a result of extremely high demand in the E4 and SR categories for applicants from these areas. A determination about whether these countries will remain subject to E4 and SR final application dates under the FY2017 annual numerical limitation will be made in early September. Read the entire May 2016 Visa Bulletin.

Article By Eleanor Pelta & Eric S. Bord

Copyright © 2016 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

Department of State Issues May 2016 Visa Bulletin

The Department of State (DOS) has released the May 2016 Visa Bulletin with the Application Final Action Date chart for employment-based applications which reflects some modest movement for some applicants.

The second and third preference categories for China-mainland born applicants had no movement. The second and third preference categories for India move ahead a few weeks to Nov. 22, 2008, and Sept. 1, 2004.  There was no movement in the third preference for all chargeability areas except those listed, and no movement for Mexico. The third preference and other workers categories for the Philippines move ahead a few months to Aug. 8, 2008.

There was no movement in the Dates for Filing chart for employment-based categories with the exception of the other workers category for China-mainland born applicants, which moved up several months to April 1, 2008.

The May 2016 Visa Bulletin states that “during the past month, there have been extremely high levels of Employment-based demand in most categories for cases filed with U.S. Citizenship and Immigration Services for adjustment of status. If this sudden and unanticipated change in the demand pattern continues, it could impact final action dates in the coming months and possibly require corrective action in some.” The DOS also notes an oversubscription of applicants from El Salvador, Guatemala, and Honduras.

As previously reported, last month prospective adjustment of status applicants have been advised to use the Application Final Action Date chart to determine their eligibility to file applications, despite previous guidance that the Dates for Filing chart could be used. Greenberg Traurig will continue to monitor the movement of Visa Bulletins and consequences on eligibility for filing.

APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

IBI May 2015 1

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

IBI May 2015 2

Article By Kristen T. Burke of Greenberg Traurig, LLP
©2016 Greenberg Traurig, LLP. All rights reserved.

April 2016 Visa Bulletin Release

visaThe Department of State (DOS) has released the April 2016 Visa Bulletin, with the Application Final Action Date chart for employment-based applications reflecting some substantial movement. The 2nd preference category for China-mainland born applicants has moved ahead one month to Sept. 1, 2012, and for India born applicants it has moved ahead a few weeks to Nov. 8, 2008. The 3rd preference and Other Workers categories have moved ahead at least one month for all applicants. The Final Action Date cut-off for China-mainland born applicants is now Feb. 1, 2014, for all 5th preference category applicants. There was no movement in the Dates for Filing chart for employment-based categories.

The family-based categories also showed slight movement in the Application Final Action Date chart, but there was no movement in the Dates for Filing chart.

As reported, last month prospective adjustment of status applicants were advised to use the Application Final Action Date chart to determine their eligibility to file applications, despite previous guidance that the Dates for Filing chart could be used. USCIS has not yet advised which April 2016 charts should be referred to in filing adjustment of status applications for family- or employment-based petitions, but anticipates that this information will be released within the week.

Article By Lauren A. Tetenbaum of Greenberg Traurig, LLP

©2016 Greenberg Traurig, LLP. All rights reserved.

USCIS Releases Processing Information for March 2016 Visa Bulletin

USCIS has released another updated Visa Bulletin chart listing the dates to file adjustment of status applications. As we previously reported, USCIS and the DOS revised the procedures for determining visa availability for individuals looking to file adjustment of status applications.  The DOS Visa Bulletin now has two categories of cut-off dates:

  • Application Final Action Dates (dates when visas may finally be issued); and

  • Dates for Filing Applications (earliest dates when applicants are eligible to apply).

Under USCIS’s recent guidance, prospective adjustment of status applicants should use the Application Final Action Dates chart to determine whether they are eligible to file their applications.  Therefore, contrary to previously-issued DOS guidance, EB-2 Chinese nationals whose priority dates fall after June 1, 2013, currently are not eligible for file their adjustment of status applications with USCIS.

APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

March Visa Bulletin

The DOS and USCIS websites should be monitored each month to determine adjustment of status filing dates, as we expect to see similar discrepancies between DOS and USCIS policy arise in the future.

Article By Kristin Aquino-Pham of Greenberg Traurig, LLP

©2016 Greenberg Traurig, LLP. All rights reserved.

Department of State Releases March 2016 Visa Bulletin

Employment-based second- and third-preference China categories show significant advancement.

The US Department of State (DOS) has released its March 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status and consular immigrant visa application filings and approvals.

What Does the March 2016 Visa Bulletin Say?

The March 2016 Visa Bulletin includes both a Dates for Filing Visa Applications and Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustment of status or immigrant visa, and the latter indicates when an adjustment of status application or immigrant visa application may be approved and permanent residence granted.

If the US Citizenship and Immigration Services (USCIS) determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will state on its website that applicants may use the Dates for Filing Visa Applications chart. Otherwise, applicants should use the Application Final Action Dates chart to determine when they may file their adjustment of status applications. For March 2016, it is not yet clear whether employment-based (EB) applicants may use the Dates for Filing Visa Applications chart or the Application Final Action Dates chart. USCIS will announce its decision within the next week.

Application Final Action Dates

To be eligible to file an EB adjustment application in March 2016, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country (changes from last month’s Visa Bulletin dates are shown in yellow):

EB All Chargeability
Areas Except
Those Listed		 China
(mainland born)		 India Mexico Philippines
1st C C C C C
2nd C 01AUG12—
(was 01MAR 12)		 15OCT08
(was 01AUG08)		 C C
3rd 01JAN16
(was 01OCT15)		 01JUN13

(was 01OCT12)

 15JUL04
(was 15JUN04)		 01JAN16
(was 01OCT15)		 15MAR08
(was 08JAN08)
Other Workers 01JAN16
(was 01OCT15)		 01FEB07
(was 22DEC06)		 15JUL04
(was 15JUN04)		 01JAN16
(was 01OCT15)		 15MAR08
(was 08JAN08)
4th C C C C C
Certain Religious Workers C C C C C
5th
Nonregional
Center
(C5 and T5)		 C 22JAN14
(was 05JAN14)		 C C C
5th
Regional
Center
(I5 and R5)		 C 22JAN14
(was 15JAN14)		 C C C

Filing Dates

The chart below reflects dates for filing visa applications within a timeframe that justifies immediate action in the application process. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used in March for filing applications for adjustment of status.

EB All Chargeability
Areas Except
Those Listed		 China
(mainland born)		 India Mexico Philippines
1st C C C C C
2nd C 01JUN13
(was01Jan13)		 01JUL09 C C
3rd C (was
01JAN16)		 01MAY15
(was 01OCT13)		 01JUL05 C (was
01JAN16)		 01JAN10
Other Workers C (was
01JAN16)		 01AUG07
(was 01JAN07)		 01JUL05 C (was
01JAN16)		 01JAN10
4th C C C C C
Certain Religious Workers C C C C C
5th
Nonregional
Center
(C5 and T5)		 C 01MAY15 C C C
5th
Regional
Center
(I5 and R5)		 C 01MAY15 C C C

How This Affects You

The largest changes in the Application Final Action Dates chart are in the EB-3 China category, which has advanced by eight months to June 1, 2013, and in the EB-2 China category, which has advanced by five months to August 1, 2012. The EB-2 India category advanced by three and a half months to October 15, 2008. The EB-3 category for the worldwide preference and Mexico categories advanced to January 1, 2016. The largest changes in the Dates for Filing Visa Applications chart are in the EB-2 and EB-3 China categories, which advanced by six months each. Other classification categories saw only minimal advancement of one week to one month. Read the full March 2016 Visa Bulletin.

Article By Eleanor Pelta, Eric S. Bord, A. James Vázquez-Azpiri, Lisa Stephanian Burton & Tracy Evlogidis of Morgan, Lewis & Bockius LLP
Copyright © 2016 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

Department of State Issues March 2016 Visa Bulletin – China EB-3 Now Even with EB-5, Expectations Set For Coming Months

The July 2015 Visa Bulletin Brings Little ChangeThe March 2016 Visa Bulletin is now available online.  The significant news arises in the EB-3 category with respect to dates for filing visa applications: EB-3 Worldwide is now current. EB-3 China has advanced from Oct. 1, 2013, to May 1, 2015, making the native Chinese EB-3 and EB-5 filing dates identical. Compared to February, March 2016 brings modest-to-moderate movement forward in the “final action dates” for the employment-based cases.

Below are the two charts for March 2016:

APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

Department of State Issues March 2016 Visa Bulletin – China EB-3 Now Even with EB-5, Expectations Set For Coming Months

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Department of State Issues March 2016 Visa Bulletin – China EB-3 Now Even with EB-5, Expectations Set For Coming Months

The Visa Bulletin also put forth the following projection of EB visa availability in the coming months, setting the expectations for stakeholders:

  • EB-1 : Projected to stay current

  • EB-2:

    • Worldwide: Projected to stay current

    • China: Movement up to five months

    • India: Movement up to three months

  •  EB-3:

    • Worldwide: Recent forward moment will generate demand – once materialized it will be necessary to establish a cut-off date

    • China: Movement up to five months

    • India:  Movement up to one month

    • Mexico: Will remain at worldwide date

    • Philippines: Movement up to four months

  • EB-4: Current “for most countries”

  • EB-5:

    • All countries (except China): Will remain current.

    • China: “Slow forward movement”

Article By Matthew T. Galati of Greenberg Traurig, LLP

©2016 Greenberg Traurig, LLP. All rights reserved.

Department of State Releases February 2016 Visa Bulletin

Employment-based adjustment of status applicants must file using the Application Final Action Dates chart.

The US Department of State (DOS) has released its February 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status and consular immigrant visa application filings and approvals.

What Does the February 2016 Visa Bulletin Say?

The February 2016 Visa Bulletin includes both a Dates for Filing Visa Applications and Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustment of status or immigrant visa, and the latter indicates when an adjustment of status application or immigrant visa application may be approved and permanent residence granted.

If the US Citizenship and Immigration Services (USCIS) determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will state on its website that applicants may use the Dates for Filing Visa Applications chart. Otherwise, applicants should use the Application Final Action Dates chart to determine when they may file their adjustment of status applications. For February 2016, USCIS has announced that employment-based (EB) applicants may only use the Application Final Action Dates chart.

To be eligible to file an EB adjustment application in February, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country (changes from last month’s Visa Bulletin dates are shown in yellow):

EB

All Chargeability
Areas Except
Those Listed

China
(mainland born)

India

Mexico

Philippines

1st

C

C

C

C

C

2nd

C

01MAR12—
(was 01Feb 12)

01AUG08
(was 01FEB08)

C

C

3rd

01OCT15
(no change)

01OCT12
(was 01JUL12)

15JUN04
(was 15MAY04)

01OCT15
(no change)

08JAN08
(was 01NOV07)

Other Workers

01OCT15
(no change)

22DEC06
(was 01AUG06)

15JUN04
(was 15MAY04)

01OCT15
(was 01SEPT15)

08JAN08

(was 01NOV07)

4th

C

C

C

C

C

Certain Religious Workers

C (was U)

C (was U)

C (was U)

C (was U)

C (was U)

5th
Nonregional
Center
(C5 and T5)

C

15JAN14
(was 08JAN14)

C

C

C

5th
Regional
Center
(I5 and R5)

C (was U)

15JAN14 (was U)

C (was U)

C (was U)

C (was U)

How This Affects You

The largest change in the Application Final Action Dates chart is in the EB-2 India category, which has advanced by six months to August 1, 2008. The EB-2 China category advanced by one month only, and the EB-3 China category advanced by two and a half months to October 1, 2012. Certain Religious Workers and EB-5 matters (Regional Center I5 and R5) became current once again, with the exception of China, which is backlogged to January 15, 2014, in the EB-5 category. Other classification categories saw only minimal advancement of three weeks to three months. Read the entire February 2016 Visa Bulletin.

Article By Eleanor Pelta, Eric S. Bord, A. James Vázquez-Azpiri, Lisa Stephanian Burton & Tracy Evlogidis of Morgan, Lewis & Bockius LLP
Copyright © 2016 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

USCIS Visa Bulletin Coming January 2016

On December 14, 2015, USCIS released an updated Visa Bulletin chart listing the dates to file adjustment of status applications starting in January, 2016.  Applicants can use the charts issued by USCIS as a guide to determine whether visas in particular categories are available for them and whether they are eligible to file I-485 adjustment of status applications.

As we previously reported, earlier in September 2015, USCIS and DOS revised the procedures for determining visa availability for individuals looking to file adjustment of status applications.  The Visa Bulletin now has two categories of cut-off dates:

  • Application Final Action Dates (dates when visas may finally be issued); and

  • Dates for Filing Applications (earliest dates when applicants are eligible to apply).

The two categories listed in the Visa Bulletin are Family-sponsored immigrant visas and Employment-based immigrant visas.  The Visa Bulletin charts jointly released from USCIS and Department of States are listed below[1]:

January 2016

DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

Photo 1

As indicated in the chart for Family-Sponsored visa categories, applicants may use the Dates for Filing Visa applications chart for January 2016.

Recent Procedural Changes by USCIS

On October 14, 2015, USCIS again changed its instruction for the adjustment of status process[2]. Under the new guideline, applicants will only be permitted to use the Dates for Filing chart if USCIS first determines there are more immigrant visas available for a fiscal year than available applicants.  This decision is made each month by USCIS, and applicants must use the Application Final Action Dates chart unless USCIS states otherwise.  The Visa Bulletin in January 2016 reflects this newly implemented instruction, and applicants must use the Application Final Action Dates.  The chart below lists the dates for Employment-Based preference visas:

APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES Photo 2

Article By Ian R. Macdonald of Greenberg Traurig, LLP
©2015 Greenberg Traurig, LLP. All rights reserved.

[1] See Dept of State, Visa Bulletin For January 2016, Number 88, Vol. IX, available at  http://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-january-2016.html; see also USCIS, When to File Your Adjustment of Status Application for Family-Sponsored and Employment-Based Preference Visas: January 2016, available at:  http://www.uscis.gov/visabulletin-jan-16.

[2] USCIS, Updated Instruction for Using the DOS Visa Bulletin, available at http://www.uscis.gov/news/updated-instruction-using-dos-visa-bulletin.

December Visa Bulletin Shows Little Movement But Contains Projections for Future Movement

The Department of State’s (“DOS”) December 2015 Visa Bulletin showed minor movements in the employment-based visa categories.  The most significant movement was in the Indian EB-2 category which advanced  by 10 months to June 1, 2007.  All other employment-based categories showed slow advances by few weeks, except for Mainland China EB-3 and Other Worker categories that advanced by 10 weeks to April 15, 2012, and by 12 weeks to August 1, 2006, respectively.  There was no movement in the Dates for Filing in the employment-based categories.

The December Visa Bulletin contained the following additional information:

  1. The Bulletin advised about the upcoming scheduled expiration of the non-minister special immigrant program and the immigrant investor pilot program (“EB-5 Visas”) on December 11, 2015, unless Congress acts to extended these programs.

  1. The Bulletin contained a prognosis of visa movement in the coming months.  For the employment-based visa categories, possible movements are as follows:

  1. EB-2 China:  Little or no movement

  2. EB-2 India:   Up to eight months

  3. EB-3 China:  Rapid forward movement with possible “corrective” action as early as April, 2016

  4. EB-3 India:  Up to three weeks

  5. EB-3 Philippines:  Four to six weeks

  6. EB-5 China:  Slow forward movement

  1. New 9 FAM-e.  The Visa Bulletin announced that on November 18, 2015, the printed Volume 9 of the Foreign Affairs Manual will be replaced by the 9 FAM-e and as of that date the e-version will become the authoritative source for visa guidance.  The new e-version overhauls language and organization of Volume 9 of the FAM, but does not alter the substance of the old printed version.

Final Action Dates for Employment-Based Preference Cases

december visa bulletin

Dates for Filing of Employment-Based Visa Applications 

december visa bulletin

Article By Shaoul Aslan of Greenberg Traurig, LLP
©2015 Greenberg Traurig, LLP. All rights reserved.