August Visa Bulletin

August Visa Bulletin: USCIS Announces Only Final Action Date Can Be Used

The August Visa Bulletin was released last week, and it contained significant retrogressions (EB-2 worldwide). Other categories have been experiencing retrogression as the fiscal year draws to a close. September 30 is the final date of the fiscal year and October 1 is the inaugural day of the new fiscal year. USCIS announced that the final action priority date cannot be used for filing adjustment of status applications. This is instead of the more friendly filing action priority date, which is usually a few months before the final action priority date. This is for employment-based and family-based adjustment of status applications.

Green Card Lawsuit Dismissed

Green Card Lawsuit Dismissed

EB-5 pilot program

A federal judge in Seattle has dismissed the Visa Bulletin lawsuit that ensued from the Department of State rescission of filing dates. Back in September 2015, it seemed that the Department of State had made enormous progress in modernizing the Visa Bulletin system, so that individuals (especially in the EB-2 and EB-3 categories and some FB categories) were finally able to file for their Green Cards after years of waiting. Their anticipation lasted about two weeks when the Department suddenly rescinded its October Visa bulletin posting and superseded it with a new October Visa Bulletin.

A class-action lawsuit was filed seeking a temporary injunction, but that was rejected. This most recent rejection occurred because the judge found that the original Visa Bulletin did not confer any rights upon the immigrants. Although the announcement caused a reliance for intending applicants by undergoing medical exams and paying expenses for green card applications, that was not enough. The two week blip on the radar was an inconvenience, but nothing that could create relief for the class. June’s Visa Bulletin contains severe retrogression in many employment and family categories.

June 2016 Visa Bulletin

Visa Bulletin – June 2016: Severe Retrogression for EB-2 and EB-3 India and China

The June 2016 Visa Bulletin has been released by the Department of State. USCIS has not yet said whether the filing dates can be relied upon for employment-based and family-based adjustment of status. It should announce that within the week.

Some categories of note:

The F-2A category, spouses and children of permanent residents, is about 18 months behind current for all chargeabilities. The filing dates are about 7 months behind.

EB-2 India is at July 1, 2009. EB-3 India is July 1, 2005. Both of those dates are for filing dates. The final action dates for both India and China EB-2 suffered severe retrogression. EB-2 India rolled back all of the way to October 1, 2004. EB-2 China reverted back to January 1, 2010. For India, that represents a setback of nearly 4 years and it is nearly 2 years for China. EB-3 China suffered a setback of over 3 years. The predictions for the remainder of the Fiscal Year (which does not begin anew until October 1) are dire for those two categories, as well. China is not expected to see movement through EB-2 or EB-3 for the remainder of the fiscal year. EB-2 and EB-3 India are expected to progress slowly for the remainder of the fiscal year.

In about two weeks, there will be a check in with the State Department’s Charlie Oppenheimer, where he will make predictions about the Visa Bulletin for July 2016.

May 2016 Visa Bulletin

May 2016 Visa Bulletin Released

The Department of State has released the 2016 May Visa Bulletin.

Employment Based-2 and Employment Based-3 categories for India moved only a few weeks. The filing date is July 1, 2009 for EB-2 India. El Salvador, Guatemala, and Honduras have their own chargeability in the employment-based category but not in the family-based category.

Family Based-2 for all non-listed chargeabilities is June 15, 2015 (spouses of LPRs). There is no filing date for the family-based categories. That will be released later this month, according to the State Department.

April 2016 Visa Bulletin

April 2016 Visa Bulletin Released

It is that time again: The April 2016 Visa Bulletin has been released by the Department of State. You can find all of the final action dates and filing dates posted for Employment- and Family-Based categories.

The expected jump did not come for EB-2 India category. Charlie Oppenheimer had predicted 3 month leaps, but we will keep our eyes peeled for that leap in May.

There was only slight movement in the Family-Based categories.

The reason that there are limits and cutoff dates is because there is a limited allocation of immigrant visas, prescribed by country, category, and preference. Here is the State Department’s explanation of calculations:

  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 March 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off 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 cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off 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. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. 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., 25,620. The dependent area limit is set at 2%, or 7,320.