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).
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.
Are you interested in learning about the green card wait times for family-sponsored and employment-based preference categories subject to the annual limits?
If so, then we invite you to watch this video about the newly released October 2023 Visa Bulletin. This is a Visa Bulletin you won’t want to miss because October is the start of a brand new fiscal year. The Department of State has confirmed that there will be an estimated 165,000 employment-based visa numbers allocated in fiscal year 2024, which ends on September 30, 2024.
USCIS has confirmed that it will accept adjustment of status applications filed in the month of October pursuant to the Dates for Filing chart for both family-sponsored and employment-based preference categories.
The October Visa Bulletin Dates for Filing chart shows advancement from last month for all employment-based categories except EB-3 worldwide, Mexico, and Philippines which will retrogress by 3-4 months; EB-1 India will also retrogress by two months.
The Dates for Filing chart for the family-sponsored categories remains unchanged from last month.
Highlights of the October 2023 Visa Bulletin
Here are some of the highlights of the October 2023 Visa Bulletin which marks the start of the new fiscal year 2024.
Employment Based Categories
Final Action cutoff dates:
EB-1: will advance by five years for India to January 1, 2017, and by two weeks for China to February 15, 2022. All other countries will be current in October.
EB-2: will advance by one year to January 1, 2012, for India, and by almost three months for China to October 1, 2019. All other countries will advance by one week to July 8, 2022, in October.
EB-3: EB-3 Professional/Skilled Worker will advance by three years and four months for India, to May 1, 2012, and by four months for China to January 1, 2020. All other countries will advance by one year and seven months to December 1, 2021.
EB-5: For EB-5 Unreserved categories (C5, T5, I5, and R5) India will advance by one year and eight months to December 15, 2018, and by three weeks for China to October 1, 2015. All other countries will be current in October. The EB-5 set aside categories (Rural, High Unemployment, and Infrastructure) will also be current in October.
Would you like to know how you can renew your U.S. visa in 2023? If so, then this video is right for you.
Overview
Your U.S. visa has expired and now it’s renewal time. In this video, attorney Jacob Sapochnick discusses the general process of applying to renew your U.S. visa in 2023 at a U.S. Consulate or Embassy overseas.
Please note that there are hundreds of different U.S. visa categories that have their own eligibility criteria and renewal requirements. The information provided here does not, and is not intended, to constitute legal advice. To obtain legal advice on your particular facts, case, or circumstances, please consult with a licensed immigration attorney.
For visa specific information and documentary requirements, applicants may contact their closest U.S. Embassy or Consulate.
Visa Renewal Steps
Here are the main steps that any applicant must take when renewing their visa at a U.S. Consulate or Embassy abroad.
Step One: Make sure that you qualify for your U.S. Visa Renewal
First and foremost, regardless of your visa type you must be prepared to provide documentary evidence to the Consular official to prove that you remain eligible for the renewal of your visa.
For example, if you are renewing a student visa you must provide your updated Form I-20 Certificate of Eligibility for Nonimmigrant Student Status to show that you remain eligible to study in the United States. If you are applying to renew your tourist visa, you must continue to demonstrate your eligibility such as proof of temporary stay, strong ties to your home country, proof of sufficient finances to cover your temporary stay, etc.
Have you ever wondered what are the most common ways to get a green card to the United States? We’ve got you covered.
In this short video, attorney Jacob Sapochnick tells you the top sixteen ways you can get a green card to live and work in the United States.
The Top 16 Ways to get a Green Card with Jacob Sapochnick
Here are the top sixteen ways to get a green card
Marriage to a United States Citizen is the one of the most common ways to obtain lawful permanent resident status. It is an option for those who have a bona fide marriage and entered the United States lawfully (unless they qualify for a special exemption in the law such as section 245i).
Adjustment of status is the process of applying for permanent residence while lawfully residing inside of the United States
Consular processing is the process of applying for an immigrant visa while residing outside of the United States
In this video, we share with you the latest movement in the family-sponsored and employment-based preference categories for the month of August.
There will be significant retrogression of the final action date in the EB-1 India preference category by 10 years and 1 month to January 1, 2012.
Additionally, a final action cutoff date for all countries in the EB-1 category, except China, will be imposed at August 1, 2023.
The EB-3 Professionals and Skilled Workers final action date will also retrogress by 1 year and 9 months to May 1, 2020, except for India which will remain at January 1, 2009, and China which will advance by 2 months to June 1, 2019.
In the family-sponsored categories, the dates for filing cutoff dates remain the same as the previous month, except F-1 Mexico which will advance by 2 years and 3 months to April 1, 2005, and F2B Mexico which will advance by 2 years and 4 months to August 1, 2004.
Here are some of the highlights of the August 2023 Visa Bulletin starting with the family-sponsored categories.
Employment-based categories Highlights
*Final Action cutoff dates – Retrogressions in August:
EB-1 India will retrogress by more than 10 years to January 1, 2012
EB-1 Worldwide, China:
The State Department has imposed a final action cutoff date for EB-1A Worldwide for all countries except China, at August 1, 2023.
The EB-1 China Final Action Date will remain at February 1, 2022.
EB-2 Worldwide, China:
EB-2 China will advance by one month, to July 8, 2019.
The Final Action Date for EB-2 India will remain at January 1, 2011.
The EB-2 Worldwide Final Action Date will advance by six weeks, to April 1, 2022, for all other countries.
EB-3:
The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019.
EB-3 India Professional/Skilled Worker will remain at January 1, 2009.
For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.
Prediction: We predict that by October 2023 the EB-1 final action dates will advance significantly, depending on usage and on the FY 2024 annual numerical limit which will reset in October (the start of the fiscal year).
Want to keep up to date on the latest changes in the E-2 Treaty Investor Visa Program? Then you are at the right place. In this video, attorney Jacob Sapochnick shares new updates for spouses and dependents of principal E-2 visa holders, as well as information about minimum investment requirements for E2 investors, and new requirements for E3 visa applicants.
Overview
New changes governing regulations for spouses and children of E visa holders, and minimum investments amounts, have appeared in the Foreign Affairs Manual (9 FAM 402.9-9) effective on May 1, 2023.
Substantiality Test
One of the requirements of the E2 visa program is to ensure that the amount of capital being invested into your business is “substantial” for the type of commercial enterprise you establish or acquire, while considering the nature of the business.
The law does not set a minimum dollar figure nor minimum amount of investment that is considered to be “substantial” for E-2 visa purposes. However, the Foreign Affairs Manual considers an investment to be “substantial” if it (1) meets the proportionality test (2) is sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise and (3) is of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.
The proportionality test determines whether an investment is substantial by weighing the amount of qualifying funds invested against the cost of the business. If the two figures are the same, then the investor has invested 100 percent of the needed funds in the business; such an investment is substantial.
Clarification of the Substantiality Test for E2 Renewal Applicants
Section 9 FAM 402.9-6(D) of the Foreign Affairs Manual (FAM) states that once an E2 investor has established that he or she has invested a substantial amount of capital in his or her business to the satisfaction of an Immigration Officer, the applicant generally does not need to be evaluated under this criterion again unless there has been a change in ownership (for example where a sale of the business has occurred).
Are you going through the immigrant visa process, waiting for your interview to be scheduled at a Consulate or Embassy overseas? Then this video is right for you. We will provide the latest updates including which Consular posts are open, their processing times, and which posts are experiencing long wait times as of June 2023.
Overview
Embassies and Consulates around the world are beginning to ramp up their processing of immigrant visas, with the hiring of additional personnel to reduce the visa backlogs.
During the Coronavirus pandemic, immigrant visa cases have been warehoused at the National Visa Center (NVC) while awaiting interview scheduling at U.S. Embassies and Consulates abroad. Due to the high demand for visa interviews, most Consular posts have not been able to accommodate the majority of applicants who are still waiting for their appointments to be scheduled.
Unfortunately, the National Visa Center (NVC) is not able to forward cases to Embassies and Consulates until they have received confirmation that the post has available interview slots.
This is the case even if your case is documentarily qualified and even if your priority date is current on the Visa Bulletin. Your case cannot be forwarded to the Embassy or Consulate until they have confirmed that an interview slot is available for you.
On the other hand, if your case has not been documentarily qualified (meaning all documentation has been received by the NVC), or your priority date is not current on the Visa Bulletin, then your case will not be scheduled for an immigrant visa interview.
In this video, attorney Jacob Sapochnick tells you everything you need to know about the EB-5 Immigrant Investor Program in the year 2023. While there have been recent Congressional changes to the program, it is still an option for those who wish to obtain their green card through a qualifying investment.
If you would like to know more about the EB-5 Immigrant Investor Program, please keep on watching!
Did You Know? The EB-5 Immigrant Investor Program was first created by Congress in the year 1990 to stimulate the United States economy through job creation and capital investment by foreign investors. In return for their qualifying investment, investors receive conditional permanent residence in the United States, and are required to remove their conditions on permanent residence by filing Form I-829 within 90 days of their conditional green card’s expiration.
In 1992, Congress extended the program to allow for Regional Center investment, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.
Overview
EB-5 Investment Visa: The Ultimate Guide in 2023
What is the EB-5 investor visa?
The EB-5 investor visa allows qualifying investors (and their spouse and unmarried children under age 21) to receive conditional permanent resident status (a 2-year green card).
One of the ways in which foreign investors may qualify for the EB-5 classification is by investing through regional centers designated by USCIS based on proposals for promoting economic growth.
When investing in regional centers, investors will choose a project offered by the regional center in which they wish to invest. Typically, the projects offered for investment are real estate development projects. For regional center investment, the investor does not need to invest in a project in his or her state of residence. The investment can occur anywhere in the United States.
Additionally, regional center investment allows investors to passively invest in the project, without having to direct or manage it themselves. Regional center investment is the most common way to qualify for the EB-5 visa. In fact, 95 percent of all EB-5 investors file their cases through Regional Center investment.
Another way to qualify is by investing directly in a new commercial enterprise that you intend to direct and operate. In this case you will be managing the project yourself. Only 5 percent of EB-5 investors opt for investment in a new commercial enterprise, because it is more risky.
On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022 (Public Law 117-103), which created new requirements for the EB-5 immigrant visa category and the Regional Center Program. EB-5 immigrant visas are currently authorized under the Regional Center Program through September 30, 2027.
In this video, attorney Jacob Sapochnick discusses the end of the selection process for the H-1B Visa Lottery for fiscal year 2024. If you were not selected in the lottery but would like to know more about your immigration options, then this is the right video for you.
Did you Know? The H-1B visa program allows American companies and/or organizations to employ foreign workers who possess both a theoretical or practical application of a body of highly specialized knowledge and a bachelor’s degree or its equivalent, for a temporary period of time. A congressionally mandated cap limits the number of new H-1B visas that can be issued to 65,000 per year, and 20,000 for those who have earned a U.S. master’s degree or higher.
Overview
On March 27, 2023, the U.S. Citizenship, and Immigration Services (USCIS) announced it received enough electronic registrations to reach the congressionally mandated cap for fiscal year 2024. After the registration period closed on March 17th, USCIS completed a randomized lottery from among registrations submitted, to select qualifying petitions for the 65,000/20,000 H-1B regular visa cap and advanced degree exemption.
Registrants who were selected were notified via email or text message stating that an action was taken on their myUSCIS online account. Account holders could then log in to see the full notice and determine whether they were selected to file paper applications with USCIS.
The period for filing a paper H-1B cap-subject petition with USCIS will be at least 90 days. USCIS began accepting H-1B submissions from selected registrants (Form I-129 with supporting documentation) beginning April 1, 2023.
USCIS has not yet disclosed whether they will conduct additional randomized lotteries to fill the H-1B visa cap. In previous years, additional lotteries have sometimes taken place, where USCIS has determined that it has not received sufficient mail-in applications to fill the H-1B visa cap by June 30, 2023. Historically, second randomized lotteries (if any) have occurred during the month of July, with accountholders being notified in the month of August.
In this video, attorney Jacob Sapochnick discusses the recent collapse of the Silicon Valley Bank, and its repercussions on the startup world and foreign tech workers. The Silicon Valley Bank’s collapse is cited as the largest bank failure since the 2008 financial crisis. The bank was once responsible for managing billions of dollars in client funds and loans. What will be the ripple effect of its collapse on immigrant and non-immigrant tech workers on visas?
Keep on watching to find out more.
Overview
Silicon Valley Bank, an institution that once lent billions of dollars in funding to tech startups has collapsed. Its deep relationships within the startup community have left both immigrant and non-immigrant workers vulnerable, as they scramble to find stable ground. The impact of its collapse has been widespread. Hundreds of startups relied on the funding provided by SVB to maintain their operations and keep immigrant and non-immigrant visa workers on payroll. Additionally, SVB itself employed dozens of foreign tech workers.
When news broke of the bank’s collapse, many startups withdrew their funds from the bank and began to question the security of the banking system as a whole. SVB’s collapse may be a signal that something worse is on the horizon, which may lead tech companies to freeze hiring and potentially lay off workers many of which are in the United States on visas.
As a foreign worker, losing a job is not just losing a paycheck. It means your legal status in the United States could ultimately be put in jeopardy. Workers who have been laid off will be forced to find a new employer within 60 days, or risk having to depart the United States.
In recent months, we began to see massive layoffs throughout Silicon Valley including those at Twitter, Meta, Facebook, and Google. Now the bank’s collapse could set in motion an extensive hiring freeze and a shrinking workforce in the months ahead. This is surely unwelcome news for tech workers currently in the United States on H-1B visas. The climate of uncertainty and panic caused by the bank’s collapse, could leave employers with cold feet when it comes to sponsoring workers for employment-based green cards.
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