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.

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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 Their anticipation lasted about two weeks when the Department suddenly rescinded its October Visa bulletin posting and superseded it with a new October Visa Bulletin.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.

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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.

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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.

The post May 2016 Visa Bulletin appeared first on Wood Immigration Law.

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.

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The Visa Bulletin for March was just released by the Department of State. EB-2 India moved forward ten weeks after taking a quantum leap in the February 2016 Bulletin. EB-2 China jumped ahead by five months in comparison to last month. EB-3 China, India, and Philippines remain far behind. Many Family Based categories remain far behind currency, but the F2A category is doing very well at June 15, 2015. F2A is for Permanent Residents who file for their spouses and unmarried children under 21 years of age.

Whereas a US Citizen can file for his spouse or unmarried child under 21 years of age and consider them to be an immediate relative (meaning that an immigrant visa is immediately available and consular processing is not required abroad), a US Permanent Resident must go through consular processing abroad and wait for currency date. An approved family-based petition in the F2A category from before June 15, 2015 means that it is available for an immigrant visa. This could be a compelling reason for a Permanent Resident who is eligible for US Citizenship to become a citizen and file for her spouse or unmarried child.

The post March 2016 Visa Bulletin appeared first on Wood Immigration Law.

President Obama is delivering his final State of the Union address tonight. Immigration was an important topic in his last State of the Union address. At that time, the executive orders for the deferred action programs were announced but not yet in effect. They were also not blocked in the federal court. The executive orders contained substantive measures to improve various aspects of the immigration system: L-1 visas, hardship waivers, the visa bulletin process.

Here are quotes from previous States of the Union.

“And we should continue the work of fixing our broken immigration system — to secure our borders and enforce our laws, and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation.” — 2010

“Now, I strongly believe that we should take on, once and for all, the issue of illegal immigration. And I am prepared to work with Republicans and Democrats to protect our borders, enforce our laws, and address the millions of undocumented workers who are now living in the shadows.” — 2011

“I believe as strongly as ever that we should take on illegal immigration. That’s why my administration has put more boots on the border than ever before. That’s why there are fewer illegal crossings than when I took office. The opponents of action are out of excuses. We should be working on comprehensive immigration reform right now. … Send me a law that gives them the chance to earn their citizenship. I will sign it right away.” — 2012

“Our economy is stronger when we harness the talents and ingenuity of striving, hopeful immigrants. And right now leaders from the business, labor, law enforcement, faith communities, they all agree that the time has come to pass comprehensive immigration reform. … we know what needs to be done. … Send me a comprehensive immigration reform bill in the next few months, and I will sign it right away. And America will be better for it.” — 2013

 

“Finally, if we are serious about economic growth, it is time to heed the call of business leaders, labor leaders, faith leaders and law enforcement — and fix our broken immigration system. … So let’s get immigration reform done this year.” — 2014

“Yes, passions still fly on immigration, but surely we can all see something of ourselves in the striving young student, and agree that no one benefits when a hardworking mom is snatched from her child, and that it’s possible to shape a law that upholds our tradition as a nation of laws and a nation of immigrants. I’ve talked to Republicans and Democrats about that. That’s something that we can share.” — 2015

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The Department of State released the February 2016 Visa Bulletin. It also published the Immigrant Visa Waiting List Report, which is an annual publication of the number of visa applicants on the waiting list in the preferences and subcategories. There is a wait list because of statutory numerical restrictions. For example, 28.7% of immigrant visas may come from Employment-Based 1 (EB-1) preference. EB-2 and EB-3 preferences for the China and India chargeabilities are the perpetually oversubscribed categories. Oversubscribed means that there are more people applying than spots available for immigrant visas.

One encouraging sign is movement in the EB-2 India category. It jumped 6 months from February 1, 2008 for the final action date to August 1, 2008. The visa bulletin continues to employ the filing and final action date system. The filing date for EB-2 India is July 1, 2009.

The data from the Department of State shows that over half of petitions are filed Family-Based 4 (FB-4), which is US citizens filing for their siblings. This category for all chargeabilities has an excruciating long wait period. On the Employment-Based side, there was a major increase in EB-5 petitions filed and considerable increases in the number of EB-1 and EB-2 petitions filed in 2015 as opposed to 2014. The agency’s report also includes a per country list. This is important because there is a per country limitation of no more than 7% of all immigrant visas issued for one country.

The post Visa Bulletin News appeared first on Wood Immigration Law.

For the seventh consecutive year, USCIS has granted the statutory maximum of 10,000 U visas. That means until October 1, the beginning of the 2017 Fiscal Year, USCIS is unable to grant an applicant U visa status. In the alternative, USCIS will place applicants on a waiting list. The waiting list allows an applicant to apply for employment authorization. It basically means that the applications looks like it can be approved, but it cannot be approved at the present time because there are no more U visas available. There does not seem to be any congressional push to increase the statutory limit.

Quotas and statutory limits are a reality of immigration law. There are green card quotas, hence the Visa Bulletin, and there are statutory limits on the number of certain kinds of visas that can be granted. The H-1B statutory cap is one such prominent example.

The U visa is unique, in that it offers relief to a victim of a qualifying crime. It is also unique in the sense that it does not require prior legal status to execute a change of status. The standard is that switching to a visa requires the applicant to maintain status. For example, someone cannot change her status to an E-2 visa if she is out of status. That person must maintain a valid status in order to make that change.

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The December Visa Bulletin was released earlier this week, using the same filing and action date system that the Department of State introduced with the October Bulletin. Like the November Bulletin and the revised October Bulletin, the December Bulletin was disappointing for many hopeful immigrant visa applicants. Many categories remained stagnant. One beacon of hope was the EB-2 category for India. The action date moved from August 2006 to June 2007. The EB-3 categories still lag far behind and there was no movement in the filing dates for any Employment Based category.

Another concern in Employment-Based immigration is the expiration of the EB-5 pilot program. The pilot program concerns the regional centers, where investors can make more passive investments and not be actively involved in the running of the invested business. The pooling of resources among a group of investors is another attractive feature and this program has been utilized to construct shopping malls, residential complexes, and even turnpike expansion. The program has been championed by US mayors as stimulating investment without taxing. However, the pilot program is set to expire on December 11. The program has existed for 20 years in short incremental cycles of renewal. A bill was proposed earlier this year to make the program permanent in contemplation of the September 30 deadline. Instead of voting on that bill, Congress decided to extend the program to December 11, continuing its temporary nature.

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