Articles Posted in Visa Bulletin

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares the most up to date information about the current status of U.S. visa services at Consulates and Embassies worldwide. In this post we cover U.S. Embassies and Consular posts that we have not yet touched on and provide an analysis of their operating capacity during the worldwide COVID-19 health crisis. Want to know which Embassies and Consulates are scheduling visa interviews?

Keep on watching to find out more.


Overview


As a preliminary matter, it is important to consider that the majority of U.S. Embassies and Consulates overseas continue to have very limited operational capacity due to constraints relating to the COVID-19 pandemic. Some posts have temporarily suspended all routine visa services and have not provided an estimated time frame as to when they will resume at least partial visa services and appointments. The bulk of Consular posts have entered a phased resumption of visa services and are providing visa services as their resources and local country conditions will allow. The health and safety of employees and the public remains a top concern. Emergency and mission critical visa services continue to be prioritized for those facing life and death emergencies, age-out cases where the applicant will no longer qualify due to their age, immediate relative intercountry adoption, and other special cases. Furthermore, expedite requests and National Interest exceptions continue to be considered by Consular posts and Embassies including for health care professionals working to alleviate the effects of the COVID-19 pandemic.


How are Consular posts and Embassies prioritizing appointments?


The Department of State announced that Consular missions and Embassies are following a four-tier system of prioritization to triage documentarily qualified immigrant visa applications based on the category of immigrant visa as they resume and expand processing. Consular sections are scheduling some appointments within all four priority tiers every month where possible, however the following are the main categories of immigrant visas in priority order:

  • Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government), and emergency cases as determined on a case-by-case basis.
  • Tier Two:  Immediate relative visas; fiancé(e) visas; and returning resident visas
  • Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad
  • Tier Four: All other immigrant visas, including employment preference and diversity visas*

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an overview of the State Department’s September 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State. In this monthly YouTube broadcast, Mr. Charles Oppenheim answers many of the public’s questions regarding the upcoming Visa Bulletin and discusses what to expect in terms of the movement or retrogression of the family sponsored and employment-based preference categories in the coming months.

Want to know more about the highlights of the Q&A session? Just keep on watching!


Overview


In this blog post, we summarize some of the most interesting questions that were asked during this live Q&A session with Charlie Oppenheim, including frequently asked questions regarding unused employment-based visa numbers for fiscal year 2021 and the future of family-sponsored categories in the coming months.

Q: Are you concerned with the anticipated large amount of unused fiscal year 2021 employment-based numbers which you mentioned last month?

Charlie Oppenheim responded during the live session that the State Department is very concerned about the potential for unused employment-based numbers under the fiscal year 2021 annual limits. According to Oppenheim, this concern was one of the reasons he made the China and India employment first preference categories current back in April and engaged in very aggressive forward movement of the final action dates since that time to prevent the loss of visa numbers in the employment-based categories. Furthermore, Mr. Oppenheim pointed out that both the State and USCIS offices are doing everything in their power to maximize number use before the end of FY 2021 to avoid drastic losses.

Based on recent discussions with USCIS, Charlie Oppenheim said that the agency is on track to approve more adjustment of status applications than at any time since fiscal year 2005. He also reminded listeners to keep in mind that since March of 2020, both the State Department and USCIS offices, have been dealing with a variety of COVID-19 issues which have had a tremendous negative impact on operational status, staffing, and ability to process large amounts of immigrant visa cases. According to Mr. Oppenheim, overseas posts only began returning to some sense of normal processing in April of 2021.

Q: When I look at the chart listing the final action dates, how do I know if my case is eligible to be scheduled for an interview at the overseas post responsible for processing my case?

This is a very common question that our law office is frequently asked as well. Charlie Oppenheim pointed out that applicants must first ensure that they have submitted all the required civil documents to the National Visa Center to become “documentarily qualified,” meaning that all necessary documents and fees have been submitted to proceed with interview scheduling. Submission of all necessary documents would also need to be done in time for the case to be reported to the Visa Office as documentarily completed by the first of each month. In this case, if you are documentarily qualified and your priority date is earlier than the applicable final action date listed in the Visa Bulletin, then you would be eligible to be scheduled for an appointment for final action on your case. However, even while waiting in line to be scheduled for a visa interview after being “documentarily qualified,” applicants must still take into consideration overseas post processing capacity issues relating to the COVID-19 pandemic. The majority of posts overseas continue to have limited operational capacity; therefore, applicants should expect delays to be scheduled for a visa interview. Overseas posts must first notify the National Visa Center that they have an available slot for an interview before the National Visa Center can forward the case to the post overseas.

Continue reading

 

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares his immigration tips for resolving issues with cases that are currently pending at Consular posts overseas, and shares what you can expect if your case is placed in administrative processing following your interview.

Want to know how you can contact your Consular post and what to say?

Keep on watching to find out more.


Overview


Do you have an immigration case that is stuck in the backlogs caused by COVID-19? In this video we share with you how you can contact your Consular post when you have a problem with your case, and what you should expect when you have been placed in administrative processing. We hope that these tips will help you gain more insight to help you understand what you can do during these difficult processing delays. If you would like further assistance with the processing of your case, or if you have any other immigration questions, do not hesitate to contact us to schedule a consultation by texting 619-483-4549 or calling 619-819-9204. We look forward to working with you. 


Contacting your Consular post 


If your case is sitting at a U.S. Embassy or Consular post overseas, or if is about to be shipped to a Consular post overseas by the National Visa Center (NVC), you should first contact your Consular post directly to confirm whether your case has been received and the status of appointment scheduling for your particular visa type. Most Consular posts have dedicated staff who are responsible for managing and answering inquiries made by e-mail. It is important to note however that response times vary widely due to the overwhelming number of inquiries that are being made by e-mail on a day-to-day basis. It is very important to have patience throughout this process and be proactive about your case.

You should only contact the Consular post directly if your case has been received by the post directly from the NVC or if it is in the process of being transferred. If your case is still at the NVC, the Consulate will not be able to help you.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the August 2021 Visa Bulletin and goes over Charlie Oppenheim’s predictions for movement and retrogression in the family based and employment sponsored categories for August and September 2021.

Keep on watching to find out more!


Overview


What is the Visa Bulletin?


Every month, the Department of State publishes the Visa Bulletin which contains important information regarding immigrant visa availability for family based and employment sponsored preference categories. The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date and preference category.

Essentially, the Visa Bulletin governs the availability of visas and outlines limitations. By statute, the government imposes an annual minimum family-sponsored preference limit of 226,000 immigrant visas (visa quota).  The worldwide level for annual employment-based preference immigrants is at least 140,000 immigrant visas.


In what order are visas issued?


Family-sponsored and employment-based preference immigrant visas are issued to eligible immigrants in the order in which a petition on behalf of each has been filed (priority date).

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.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers your frequently asked questions on a variety of different topics in the world of immigration including: the resumption of visa services at U.S. Embassies and Consulates worldwide, NVC procedures, the public charge rule, and other immigration updates.

Want to know if we answered your question? Watch this video to find out.


Frequently Asked Questions


Q: When will the National Visa Center start scheduling interviews? I am already Documentarily Qualified by the NVC and I am awaiting an appointment date. It has been three months since I received Documentary Qualification.

A: This is a very common question we receive on a daily basis. To help our viewers with this question, we have made a dedicated video explaining how the NVC is working with U.S. Embassies abroad to send cases and schedule interviews based on cases that have been documentarily qualified by the NVC. NVC has stated that all cases that have been documentarily qualified will be sent to the U.S. Embassy abroad in the order that they have been documentarily qualified by the NVC.

However, please remember that even if your case has been Documentarily Qualified by the NVC, an interview is not necessarily guaranteed. The NVC must rely on the U.S. Embassy to determine whether the Embassy is accepting interview appointments. Their availability to take appointments will largely depend on the country conditions of each post. If your Embassy is not accepting cases for interviews, your case will remain warehoused at the NVC until the Embassy is ready to schedule interviews.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an important update from the National Visa Center regarding immigrant visa processing times, the status of Embassies and Consulates reopening, and expedite request information for immigrant visas.

The information provided in this video is based on the minutes of a meeting that took place between the American Immigration Lawyers Association (AILA) and the National Visa Center (NVC). In this meeting the NVC answered many of your burning questions regarding the resumption of visa services at U.S. Consulates and Embassies worldwide, current immigrant visa processing times, and expedite request information.

Want to know more? Just keep on watching.


NVC & AILA Questions and Answers on Consular Processing  


What has the NVC responded regarding Consular Processing at Embassies and Consular posts worldwide? How will NVC handle cases that are documentarily qualified? In what order will applicants be scheduled for immigrants?

Check out the Q & A below to find out.

Q: What is the volume of immigrant visa cases currently being processed at NVC?

A: During FY 2020, NVC reviewed and processed 77,000 cases per month.

Q: What was the number of non-immigrant K-1 visas processed on a monthly basis at the NVC in FY 2020?

A: Every month the NVC processed 2,500 K-1 visas during fiscal year 2020.

Q: Of all cases processed at the NVC how many applications are represented by attorneys?

A: 25% of all cases at the NVC are represented by attorneys

Q: How is the NVC handling cases that are documentarily qualified but unable to move forward due to U.S. Embassies and Consular posts that have not yet resumed normal processing?

A: The NVC is continuing to schedule cases only for posts able to conduct interviews.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the latest immigration legislation, otherwise known as the U.S. Citizenship Act of 2021.

So, what is this new bill all about and how can it benefit your family?

Keep on watching to learn more.


Overview


We have very exciting news for you today. We are pleased to report that Biden and congressional Democrats have introduced a brand-new piece of legislation known as the U.S. Citizenship Act of 2021. While his new bill has not yet become law, it is creating a lot of buzz because it proposes an earned path to citizenship for millions of undocumented immigrants who were in the United States on or before January 1, 2021.

The new bill would create a “fast track” green card application process for certain types of immigrants including DACA recipients, those who qualify for Temporary Protected Status (TPS), and farm workers who can demonstrate their work history.

The introduction of this bill is significant, because it appears that Congress is finally gearing up to compromise and pass a comprehensive immigration reform package for the first time in decades.


What are the main highlights of the bill?


The bill makes the following proposals:

  • Establishes an 8-year path to citizenship for undocumented immigrants who arrived in the United States by January 1, 2021
  • Provides an expedited path to citizenship for farm workers, those eligible for Temporary Protected Status, and undocumented young people who arrived to the U.S. as children with temporary status under DACA
  • Establishes Lawful Prospective Immigrant Status for 6 years
  • Replaces the word “alien” with “non-citizen” under immigration law
  • Raises the per-country visa caps on family and employment-based legal immigration numbers
  • Repeals the penalty that prohibits undocumented immigrants who leave the country from returning to the U.S. for between 3- and 10-years (repeals the 3 and 10-year bars) to allow for families to stay together without the need to file a waiver of inadmissibility
  • Expands transitional antidrug task forces in Central America
  • Increases funding for technology at the southern border

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick gives you the latest immigration update regarding President Biden’s plans to reverse Presidential Proclamations 10014 and 10052 passed under former President Donald Trump.

Want to know more? Keep on watching for more information.


Overview


First, let’s recap Presidential Proclamations 10014 and 10052. What are these Proclamations all about?


Presidential Proclamation 10014


Back in April of 2020, former President Trump issued Presidential Proclamation 10014 which imposed a 60-day ban on the issuance of visas at U.S. Consulates and Embassies abroad and limited the entry of certain aliens.

Among those impacted were the following classes of immigrants applying for a visa at a United States Consulate or Embassy abroad from April 23, 2020 to the present:

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • Diversity visa lottery winners
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers your frequently asked questions relating to K-1 visas, the National Visa Center, and consular visa processing during the ongoing Coronavirus pandemic.

Want to know more? Keep on watching for more information.


Your Frequently Asked Questions


Q: How can I contact the National Visa Center?

A: Once your Form I-130 Petition for Alien Relative has been approved, your case will be transferred to the National Visa Center for further processing. Once pre-processing has been completed, your case will be forwarded to the U.S. Consulate or Embassy near you. At the NVC stage, you will be asked to provide additional supporting documentation including the affidavit of support, Form DS-260 Immigrant Visa Electronic Application, and other important documents.

To ensure all of your supporting documentation has been received it is very important to maintain contact with the National Visa Center.

You may contact the NVC by email at NVCinquiry@state.gov or by telephone at 603-334-0700.


Q: Will immigration consider my priority date or approval date for interview?

A: For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS.

Depending on the type of relationship you have to the U.S. petitioner, you may need to reference your priority date to determine when an immigrant visa (or green card) will become available to you.

Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Immediate relatives include:

  • The spouses of U.S. citizens;
  • The children (unmarried and under 21 years of age) of U.S. citizens;
  • The parents of U.S. citizens at least 21 years old; and
  • Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow(er) files a petition within two years of the citizen’s death.

Continue reading

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new November 2020 visa bulletin, including upcoming visa trends and predictions for family-sponsored and employment-based preference categories.

Want to know more? Keep on watching for more information


Overview

We are very excited about the new release of the November Visa Bulletin. Some exciting advancements have taken place for certain employment-based preference categories. However, visa issuance remains limited for most family-sponsored categories and at least some employment-based preference categories as discussed below.


Impact of April 22nd Presidential Proclamation

As a reminder to our readers, most family-sponsored and some employment-based preference categories remain subject to President Trump’s April 22nd presidential proclamation. This proclamation temporarily suspends the entry and issuance of visas for the following types of immigrants through December 31, 2020.

  • Spouses and children of green card holders (US citizens are not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (over 21 years of age) of US citizens applying at the consulate (children under 21 years of age of US citizens are not affected)
  • Sons and daughters (over 21 years of age) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB2 employment based (NIW is not affected) and their family applying at the consulate
  • PERM EB3 employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate

EB5 investors are not impacted by the April 22nd proclamation.

Certain applicants may still obtain immigrant visas despite enforcement of the presidential proclamation if their entry is in the national interest or if they have a legitimate emergency.

Continue reading