Articles Posted in EB-2

Do you have a visa that has been pending for an unreasonable period at a U.S. Consulate or Embassy abroad, or perhaps that has been stuck in administrative processing for years with no decision? If so, you may be interested to learn of possible solutions to resolve your case matter.

In this video, attorney Jacob Sapochnick tells you everything you need to know about this important topic, including a discussion about the writ of mandamus lawsuit, and how it can help compel a decision in certain cases where there has been an unreasonable delay.

If you would like to know more about this topic, we invite you to watch our video.


Overview


Mandamus Lawsuits for Immigration Delays


A mandamus lawsuit also known as a writ of mandamus, is filed in federal court to compel a government body to fulfill their legal duty, for instance by issuing a decision on a visa application or immigration benefit, that has been unreasonably delayed by the agency.

The purpose of the mandamus lawsuit is to hold the government accountable where they have failed to act, as required by U.S. immigration law, to make a decision on an application. In cases where the U.S. Citizenship and Immigration Services (USCIS) or the Department of State (DOS) has failed to fulfill its duty, the mandamus lawsuit may be appropriate to help move a case forward to its final decision.

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In this video, attorney Jacob Sapochnick discusses the latest updates in the March 2024 Visa Bulletin including slight advancements in the employment based categories and major movement in the family-sponsored preference categories in the month of March. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.


Adjustment of Status Filing Chart March 2024


For the month of March 2024, the U.S. Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart for family-sponsored filings to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

For employment-based preference categories, USCIS will use the Final Action Dates chart to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).


What Changes Can Be Seen Next Month?


Employment-based categories

Dates for Filing

  • The March Dates for Filing remain the same as February 2024, with the exception of the employment-based fourth preference category, EB-4 which will advance by 4 months to January 1, 2020.

Movement in the Final Action Dates

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In this video, attorney Jacob Sapochnick shares the latest news regarding the Immigrant Visa backlog at the National Visa Center as of January 2024. 

If you would like to know more about this important update, please keep on watching.

Did you Know? Every month the Department of State’s National Visa Center (NVC) publishes an Immigrant Visa Backlog report, which provides data and statistics relating to the current status of worldwide visa operations, including the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, the number of cases that were scheduled for interviews at the end of each month, and the number of immigrant visa cases still waiting to be scheduled for a visa interview after interview appointment scheduling was completed at the end of each month.


Overview


According to the National Visa Center’s Immigrant Visa Backlog Report for the month of January 2024, there has been a slight decrease in the immigrant visa (IV) backlog from 304,773 pending cases in December 2023, to 292,105 pending cases in January 2024 still waiting to be scheduled for a visa interview. By comparison, in November of 2023, there were 311,550 pending cases waiting for interview scheduling.

This reduction is a great sign because it shows that the National Visa Center is consistently decreasing the immigrant visa backlog, and scheduling more and more appointments for immigrant visa interviews at U.S. Consulates and Embassies worldwide.

Additionally, when comparing the December 2023 and January 2024 Immigrant Visa backlog reports, we can see that the number of immigrant visa applicants whose cases were documentarily complete and therefore ready to be scheduled for an interview at Consulates and Embassies decreased from 341,392 (as of November 30, 2023) to 337,870 (as of December 31, 2023).

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In this video, attorney Jacob Sapochnick shares everything you need to know about the February 2024 Visa Bulletin including a few changes in the employment based and family-sponsored preference categories. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.


Adjustment of Status Filing Chart February 2024


As in the previous few months, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing chart in the month of February 2024 to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).


What Changes Can Be Seen Next Month?


Employment-based categories

  • The February Dates for Filing remain the same as January 2024

Final Action Dates

  • EB-1 Worldwide: Final Action Dates will remain current.
  • EB-2 Worldwide: Final Action Dates will advance by two weeks to November 15, 2022.
  • EB-3 Professional/Skilled Workers: India will advance by one month to July 1, 2012. Final Action Dates for the remaining countries in this category will advance by one month to September 1, 2022.
  • EB-3 Other Workers: India will advance by one month to July 1, 2012.
  • EB-5: The EB-5 China Unreserved Final Action Date will advance by one week to December 15, 2015.

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In this blog post, attorney Jacob Sapochnick shares everything you need to know about the January 2024 Visa Bulletin including major advancements in the employment based and family-sponsored preference categories. This is the most significant movement we have seen in months! We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.


Adjustment of Status Filing Chart January 2024


As in the previous few months, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing chart in the month of January 2024 to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).


 What Changes Can Be Seen Next Month?


Employment-based categories

  • EB-1 India: The EB-1 India Final Action Date will advance by three years and eight months, to September 1, 2020, and the Date for Filing will advance by a year and a half, to January 1, 2021.
  • EB-1 China: The EB-1 China Final Action Date will advance by four and a half months, to July 1, 2022, and the Date for Filing will advance five months, to January 1, 2023.
  • EB-2: The EB-2 Final Action Date for India will advance by two months, to March 1, 2012, and the EB-2 China Final Action Date will advance by approximately nine weeks, to January 1, 2020. Final Action Dates for the remaining countries in EB-2 will advance by three and a half months, to November 1, 2022.

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In this blog post, we will discuss the top five ways that foreign investors can get a green card in the United States. This post will benefit potential investors or foreign nationals who want to maximize their chances of gaining permanent residence in the United States.


Overview


If you are a foreign investor or an entrepreneur there are essentially five ways to self-petition for permanent residence without the requirement of a job offer or employment sponsorship.


Option One: Green Card through the EB-5 Immigrant Investor Program


The first option is the EB-5 Immigrant Investor Program. This program allows qualifying investors to obtain conditional permanent residence through an EB-5 visa. To qualify, investors must make a capital investment of $800,000 (in a Targeted Employment Area Regional Center Project) or $1,050,000 (in a new commercial enterprise that you create or buy into – also known as direct EB-5 investments). You must also demonstrate that the capital you are investing comes from a lawful source, and that your investment will create at least 10 new jobs for U.S. workers. Additionally, your capital investment must be committed to the project for at least five to seven years.

Once an investor’s EB-5 petition has been approved, he or she will receive a 2-year conditional green card. Before the expiration of the green card, the investor must remove the conditions on his permanent resident status by filing an I-829 petition with USCIS. When removing the conditions on permanent residence, investors must prove that they made the required investment and that all EB-5 requirements were satisfied such as job creation.

Once USCIS approves the I-829 petition, the applicant’s residency status is no longer conditional and the investor will be issued a 10 year green card.

EB-5 Direct Investments

EB-5 direct investments are those where the capital is invested in a new commercial enterprise such as a franchise operation, hotel real estate development projects, large restaurants, IT projects, retail chain operations, and large construction projects.

One of the most important components of the EB-5 application process is that you must be prepared to demonstrate the source/origin of your investment funds through documentary evidence. In other words, your investment funds must be traceable to their originating source.

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One of the most common questions that we receive from applicants who are applying for a green card is what happens when your priority date becomes current?

In this video we will discuss what it means for a priority date to become current, and the general steps that you need to take once this happens.


What is a priority date?


First let’s clarify what a “priority date” is. A priority date is a legal term used in immigration law which generally refers to the date when your immigrant petition was filed with the U.S. Citizenship and Immigration Services (USCIS).

A “priority date” is important because it determines your place in line in the visa queue for those preference categories that are subject to annual numerical visa limitations. As we have mentioned in previous videos, the Visa Bulletin is published every month and allows applicants to estimate how long they need to wait in “line” before they are eligible to apply for their green card based on their preference category and country of nationality.


Family Sponsored Preference Categories


If you are applying for a green card under family sponsorship and you are not applying as the spouse, unmarried child (under 21 years of age), or parent of a U.S. Citizen, then you must wait in “line” in the visa queue until a visa becomes available to you before you can apply for a green card, according to your priority date on the Visa Bulletin.

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In this video, attorney Jacob Sapochnick discusses the grim outlook of the December Visa Bulletin. While we had hoped to see more forward movement for the month of December, very little changes can be seen when compared to the previous month.

However, we hope that this video will be useful in providing some of our predictions for the Visa Bulletin in the coming months.


Adjustment of Status Filing Chart December 2023


As in the previous few months, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing chart in the month of December to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).


What Changes Can Be Seen Next Month?


Sadly, the Dates for Filing Charts for both the employment-based and family-sponsored categories remain identical to those from the month of November. The Final Action Dates for family sponsored categories also remain identical to the previous month.

The only forward-movement that can be seen is in the Final Action Dates chart for EB-2 China which will advance by three weeks to October 22, 2019, and EB-3 China which will advance by three weeks to January 22, 2020. All other countries will remain the same.

In other news, the EB-4 Non-Minister Religious Worker program will become unavailable for all countries in December until it is reauthorized by legislation.

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If you are applying for an immigrant visa through Consular processing, you will encounter the National Visa Center (NVC). The NVC is an agency located in Portsmouth, New Hampshire, that is responsible for pre-processing your application after your immigrant petition has been approved by USCIS. The agency functions as an intermediary to collect further documentation from you before your interview can be scheduled at a U.S. Embassy or Consulate overseas.

In this video, Jacob Sapochnick discusses what can happen when the National Visa Center closes your case when no action has been taken.


Overview


What should you do if the NVC closes your case?


It is important to understand that once your petition has been approved by USCIS, your case will be forwarded to the National Visa Center (NVC). When your priority date is current on the Visa Bulletin, and a visa number is available, the NVC will contact you to collect certain documentation to continue processing your case. This includes the submission of various civil documents such as photocopies of your birth certificate, marriage certificate, military records, police clearance certificates, payment of your visa fee, etc.

If you ignore or do not reply to requests from NVC to submit your documentation within one year of receipt, the NVC can terminate your case under section 203(g) of the Immigration and Nationality Act, which can lead to your case being destroyed and potentially losing your priority date.

Your priority date is essentially your place in line for a green card. Losing your priority date would have devastating consequences, especially for preference categories with extremely long wait times because you would lose your place in line and have to start the immigration process all over again.

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In this video, attorney Jacob Sapochnick discusses different avenues that an employer may wish to take if their employee’s PERM labor certification has been denied by the U.S. Department of Labor (DOL). For those who are unaware, the PERM labor certification process allows a U.S. employer to sponsor a foreign worker’s green card so that they can live and work permanently in the United States. PERM is the first step the U.S. employer must take before they can file the foreign worker’s immigration petition with the U.S. Citizenship and Immigration Services (USCIS) also known as Form I-140 Immigrant Petition for Alien Worker.

But what happens when the employer’s PERM labor certification application is denied by the Department of Labor? We discuss all that and more right here on this video.


Overview


The denial of a PERM labor certification application can be frustrating because employers and foreign workers invest a great deal of time and expense to ensure that the process goes smoothly.

There are generally three steps involved in the process of obtaining permanent residence through an employer:

  1. The U.S. employer must file a labor certification application with the U.S. Department of Labor. This requires the employer to prove that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job being offered in the area of intended employment. This is proven by going through a recruitment process where the employer places multiple advertisements for the position. The employer must also show that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  2. Once a permanent labor certification application has been approved by the DOL, the employer will need to file Form I-140 Immigrant Petition for Alien Worker with USCIS on behalf of the foreign worker.
  3. Upon approval of Form I-140, the applicant can proceed with applying for adjustment of status to permanent residence with USCIS. In some instances, the I-140 and I-485 can be filed concurrently.

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