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  • Type: Home-Tab
    Post date: Aug 16th 2019
    Body:

    We are looking for an Experienced Immigration Attorney to work on business immigration cases; legal research, and preparing immigration appeals and motions. Send resume and salary requirements to hr@immigration.com.

     

  • Type: News
    Post date: Aug 16th 2019
    Body:

    This bulletin summarizes the availability of immigrant numbers during September for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

    Visa Bulletin - September 2019

  • Type: Visa Bulletin
    Post date: Aug 15th 2019
    Body:

    Visa Bulletin For September 2019

     

    Number 33
    Volume X
    Washington, D.C

    View as Printer Friendly PDF

    A. STATUTORY NUMBERS

    This bulletin summarizes the availability of immigrant numbers during September for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

    Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. 

    1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by August 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

    2.  The fiscal year 2019 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000.  The fiscal year 2019 limit for employment-based preference immigrants calculated under INA 201 is 141,918.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,754 for FY-2019.  The dependent area limit is set at 2%, or 7,358.

    3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, PHILIPPINES, and VIETNAM.

    4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: 

    FAMILY-SPONSORED PREFERENCES

    First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

    Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

    A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

    B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

    Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

    Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

    A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

    On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

     

    Family-
    Sponsored 
    All Chargeability 
    Areas Except
    Those Listed
    CHINA-mainland 
    born
    INDIA MEXICO PHILIPPINES 
    F1 01JAN13 01JAN13 01JAN13 01AUG96 22JUN08
    F2A C C C C C
    F2B 01JUN14 01JUN14 01JUN14 01JUL98 01AUG08
    F3 01SEP07 01SEP07 01SEP07 01DEC95 01FEB98
    F4 01NOV06 01NOV06 22SEP04 01JAN97 01JUL98
    22MAR05
    22MAR05
    22DEC10
    01FEB16
    01FEB16

     

     

    B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

    The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

    The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

    Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

    Family-
    Sponsored 
    All Chargeability 
    Areas Except
    Those Listed
    CHINA-
    mainland 
    born
    INDIA MEXICO PHILIPPINES 
    F1 01MAY13 01MAY13 01MAY13 08NOV99 01DEC08
    F2A 01JUL19 01JUL19 01JUL19 01JUL19 01JUL19
    F2B 15OCT14 15OCT14 15OCT14 01MAR99 01FEB09
    F3 22JAN08 22JAN08 22JAN08 15JUL00 01AUG98
    F4 08MAR07 08MAR07 22MAY05 22DEC98 01JAN99

    5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

    EMPLOYMENT-BASED PREFERENCES

    First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      

    Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

    Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

    Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

    A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

    On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

     

    Employment-
    based
    All Chargeability 
    Areas Except
    Those Listed
    CHINA-
    mainland 
    born
    EL SALVADOR
    GUATEMALA
    HONDURAS
    INDIA MEXICO PHILIPPINES VIETNAM
    1st 01OCT17 01JAN14 01OCT17 U 01OCT17 01OCT17 01OCT17
    2nd 01JAN18 01JAN17 01JAN18 08MAY09 01JAN18 01JAN18 01JAN18
    3rd 01JUL16 01JAN14 01JUL16 01JUL05 01JUL16 01JUL16 01JUL16
    Other Workers 01JUL16 22NOV07 01JUL16 01JUL05 01JUL16 01JUL16 01JUL16
    4th U U U U U U U
    Certain Religious Workers U U U U U U U
    5th Non-Regional Center
    (C5 and T5)
    C 22OCT14 C 01SEP17 C C 22OCT14
    5th Regional Center
    (I5 and R5)
    C 22OCT14 C 01SEP17 C C 22OCT14

     

    *Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. 

    B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

    The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

    The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

    Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

    Employment-
    based
    All Chargeability
    Areas Except
    Those Listed
    CHINA-
    mainland 
    born
    EL SALVADOR
    GUATEMALA
    HONDURAS
    INDIA MEXICO  PHILIPPINES 
    1st 01SEP18 01OCT17 01SEP18 01OCT17 01SEP18 01SEP18
    2nd C 01JUN17 C 01JUN09  C C
    3rd C 01JUN16 C 01APR10 C C
    Other Workers C 01JUN08 C 01APR10 C C
    4th C C 01SEP16 C C C
    Certain Religious Workers C C 01SEP16 C C C
    5th Non-Regional Center
    (C5 and T5)
    C 22NOV14 C C C C
    5th Regional Center
    (I5 and R5)
    C 22NOV14 C C C C

    6.  The Department of State has a recorded message with the Final Action date information which can be heard at:  (202) 485-7699.  This recording is updated on or about the tenth of each month with information on final action dates for the following month.

    B.  DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF SEPTEMBER

    Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2019 annual limit to 50,000. DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

    For September, immigrant numbers in the DV category are available to qualified DV-2019 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

    Region All DV Chargeability Areas Except
    Those Listed Separately
     
    AFRICA CURRENT  
    ASIA CURRENT

     

    EUROPE CURRENT  
    NORTH AMERICA (BAHAMAS)  CURRENT  
    OCEANIA CURRENT  
    SOUTH AMERICA,
    and the CARIBBEAN
    CURRENT  

    Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2019 program ends as of September 30, 2019. DV visas may not be issued to DV-2019 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2019 principals are only entitled to derivative DV status until September 30, 2019. DV visa availability through the very end of FY-2019 cannot be taken for granted. Numbers could be exhausted prior to September 30.

    C.  THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN OCTOBER

    For October, immigrant numbers in the DV category are available to qualified DV-2020 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

    Region All DV Chargeability Areas Except
    Those Listed Separately
     
    AFRICA 2,500 Except:  Egypt  1,500
    ASIA 1,300 Except:  Iran     750
                   Nepal  1,000
    EUROPE 2,100  
    NORTH AMERICA (BAHAMAS)  2  
    OCEANIA 175  
    SOUTH AMERICA,
    and the CARIBBEAN
    225  

    D.  AVAILABILITY OF EMPLOYMENT-BASED FIRST, SECOND and FIFTH PREFERENCE NUMBERS

    There has been a combination of a dramatic change in the USCIS demand pattern for adjustment of status applicants during July, and a larger than anticipated return of unused numbers which had been provided to consular offices for July use.  As a result, it has been possible to advance the Employment First and Second preference September final action dates for most countries, as well as the India Employment Fifth preference.   

    E.  SEVERAL EMPLOYMENT-BASED PREFERENCE CATEGORIES HAVE RETROGRESSED OR BECOME “UNAVAILABLE” FOR THE REMAINDER OF FISCAL YEAR 2019

    Worldwide Employment Fourth (E4):  Since June, USCIS demand for E4 numbers, primarily for Juvenile Court Dependent adjustment of status applicants, has increased dramatically. This has resulted in the E4 annual limit having been reached.  Therefore, it has been necessary to make the entire E4 category “Unavailable” for September, and implement this effective immediately.

    China – Employment First (E1) and Third Preferences (E3): Despite the earlier retrogression of the China E1 final action date, USCIS demand for adjustment of status applicants with priority dates earlier than that date remains excessive. Therefore, it has been necessary to retrogress the China E1 final action date once again.   A dramatic increase in USCIS demand for China E3 numbers has also required the retrogression of that date in an effort to limit future number use under that annual limit.  Both of these retrogressed September dates will be imposed immediately.

    India – Employment First (E1) and Third Preferences (E3): Despite the earlier retrogression of the India E1 and E3 final action dates, USCIS demand for adjustment of status applicants with priority dates earlier than those dates remained excessive. Therefore, it was necessary to make the India E1 final action date “Unavailable” earlier in July, and it will remain so for the remainder of FY-2019.  The India Employment Third preference date has been retrogressed and that date will be imposed immediately.

    It is likely that corrective action will also be required for other preferences prior to the end of the fiscal year.

    Numbers will once again be available for applicants in the above mentioned preferences beginning October 1, 2019 under the FY-2020 annual numerical limitations.  Every effort will be made to return these final action dates to (at least) the dates which had originally been announced for August. 

    F.  DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

    The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis.  These calculations are based in part on data provided by U.S. Citizenship and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year.  Without this information, it is impossible to make an official determination of the annual limits.  To avoid delays in processing while waiting for the USCIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA.  On July 17th, USCIS provided the required data to VO.

    The Department of State has determined the Family and Employment preference numerical limits for FY-2019 in accordance with the terms of Section 201 of the INA.  These numerical limitations for FY-2019 are as follows:

    Worldwide Family-Sponsored preference limit:  226,000
    Worldwide Employment-Based preference limit:  141,918

    Under INA Section 202(a), the per-country limit is fixed at 7% of the family and employment annual limits.  For FY-2019 the per-country limit is 25,754.  The dependent area annual limit is 2%, or 7,358.

    G.  OBTAINING THE MONTHLY VISA BULLETIN

    To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

    listserv@calist.state.gov

    and in the message body type:
    Subscribe Visa-Bulletin 
    (example: Subscribe Visa-Bulletin)

    To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

    listserv@calist.state.gov

    and in the message body type: Signoff Visa-Bulletin

    The Department of State also has available a recorded message with visa final action dates which can be heard at: (202) 485-7699. The recording is normally updated on/about the 10th of each month with information on final action dates for the following month.

    Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

    VISABULLETIN@STATE.GOV

    (This address cannot be used to subscribe to the Visa Bulletin.)

    Department of State Publication 9514
    CA/VO:   August 9, 2019

  • Type: Page
    Post date: Aug 13th 2019
    Body:

    U.S. Citizenship and Immigration Services (USCIS) offers you a variety of services both before and after you file your case. For example, using the links provided on the left panel, you can:

    • Determine how long we take to process a particular type of case;
    • Easily check the status of your case by clicking on the USCIS Web site; or
    • Check the customer guide which explains how to contact USCIS. The guide will also help you determine if your case is outside of the targeted processing time. 


    Please click on this link, https://egov.uscis.gov/cris/processTimesDisplay.do to access the USCIS website.

  • Type: PERM PROCESSING DATES
    Post date: Aug 13th 2019
    Body:

    PERM Processing Times (as of 7/31/2019)

    Processing Queue Priority Dates
    Month Year
    Analyst Review June 2019
    Audit Review January 2019
    Reconsideration Requests to the CO April 2019

    The Analyst Review and Audit dates posted on iCERT above reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. *The Reconsideration Request to the CO dates posted on iCERT above reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed. For various reasons, centre may be completing the processing of applications filed prior to the month posted on iCERT. If your application was filed more than 3 months prior to the month posted, you may contact Helpdesk for a status on the application at plc.atlanta@dol.gov.

    Determinations Average Number of Days to Process PERM Applications
    Month Calendar Days
    Analyst Review June 2019 78
    Audit Review June 2019 211

    The Analyst Review and Audit Review determination processing times on iCERT above reflect the amount of time to process applications for the month. The actual processing time for each employer PERM application may vary from the average depending on the material facts and circumstances. OFLC is only reporting the average processing time for all PERM applications for the most recent month.