Category Archives: U.S. Department of State (“DOS”)

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September 2017 Visa Bulletin Update

The Department of State (DOS) recently released the September 2017 Visa Bulletin.  The charts show movement in some employment-based categories, with no movement in other employment-based visa categories. According to the September Visa Bulletin, the following are updates to Final Action Dates: EB-1: The Worldwide EB-1 category for India and China remains stalled at Jan. 1, … Continue Reading

August 2017 Visa Bulletin Update

The Department of State’s (DOS) August 2017 Visa Bulletin showed some minor forward movement in some employment-based categories, with no movement or retrogression in other employment-based visa categories. Referring to the Final Action Dates, the following are the updates for the August Visa Bulletin: The Worldwide EB-1 category for India and China remains stalled at Jan. … Continue Reading

New Development: DOS & CBP Release Additional Guidance on Travel Ban Following Monday’s Supreme Court Ruling

On June 26, 2017, the Supreme Court partially lifted the injunctions granted by the Fourth and Ninth Circuits on President Trump’s second Executive Order commanding a temporary travel ban. The Supreme Court narrowed the application of travel ban, which will now only apply to nationals from the six designated countries “who lack any bona fide … Continue Reading

USCIS Issues Guidance Regarding Adjustment of Status Application Filing Dates for July 2017

USCIS has determined that for July 2017, the Final Action Dates chart in the Department of State (DOS) Visa Bulletin must be used for both family-sponsored filings and employment-based preference filings. By way of background, individuals who are present in the United States are eligible to file a Form I-485, Application to Adjust Status in … Continue Reading

December 2016 – Monthly AILA Check-In with Charlie Oppenheim

After the release of the December Visa Bulletin, Charlie Oppenheim, chief of Visa Control and Reporting Division for the U.S. Department of State (DOS), provided his predictions to AILA on the future movement in the employment-based green card categories. They are summarized below: EB-1 China and India Charlie predicts that EB-1 China and India will … Continue Reading

State Department Issues Cable on Extension of Three Visa Programs

On Oct. 5, 2016, the U.S. Department of State (DOS) issued an unclassified cable on the Continuing Resolution signed into law on Sept. 29, 2016 that extends several important immigration programs, including the Conrad State 30 Program, the non-minister special immigrant religious worker program (SR visa), and the EB-5 Regional Center program. The House and … Continue Reading

USCIS Issues Guidance Regarding Adjustment of Status Application Filing Dates for September 2016

On Aug. 9, 2016, following the release of the September 2016 Visa Bulletin, U.S. Citizenship & Immigration Service (USCIS) issued a statement explaining when to file Adjustment of Status applications for those seeking to become U.S. permanent residents under family-sponsored or employment-based preference immigrant visa categories. By way of background, individuals who are present in … Continue Reading

June 2016 – Monthly AILA Check-In with Charlie Oppenheim

Charlie Oppenheim is the chief of Visa Control and Reporting Division for the U.S. Department of State (DOS) where he is responsible for providing analysis and prediction for immigrant preference categories.  After the release of the July 2016 visa bulletin Mr. Oppenheim provided the following information regarding employment-based petitions to AILA: EB-2 and EB-3 – China: … Continue Reading

July 2016 Visa Bulletin Released – Projections include EB-1 Cutoff Date for China and India, Slow EB-2 and EB-3 Movement, EB-4 Backlogs for Latin America to ease, and EB-5 China to advance slightly.

This week, the Department of State (DOS) has released the July 2016 Visa Bulletin. We are three months from the end of the fiscal year and the dwindling visa numbers remaining are likely to bring about tepid advancement in many employment-based categories before October. This Bulletin brings several particular items of note relating to the … Continue Reading

Greenberg Traurig’s Nataliya Rymer Featured In Law360 Article – DOS Visa Revocation Policy May Pose Serious Consequences

In a recent Law360 article, Nataliya Rymer, Of Counsel in Greenberg Traurig’s Philadelphia office, addresses the DOS’ prudential visa revocations and its impact on foreign nationals, employers, and school officials.  Nataliya reviews the State Department’s broader application of prudential visa revocation of late and the low burden of proof used by the agency to determine … Continue Reading

U.S. Customs and Border Protection Provides Additional Guidance on Implementation of New Visa Waiver Program Law

This post updates our post from Jan. 22, 2016, concerning guidance released by the U.S. Department of State about implementation of the Visa Waiver Program (VWP) Improvement and Terrorist Travel Prevention Act. We have updated the post to provide a summary and link to additional information published by U.S. Customs and Border Protection (CBP) concerning the … Continue Reading

U.S. Department of State Announces Implementation of New Visa Waiver Program Law

On Jan. 21, 2016, the Department of State (“Department”) announced that it had begun the implementation of changes to the Visa Waiver Program (VWP), which were enacted as part of the Consolidated Appropriations Act, 2016.  The Department reiterated that nationals of the 38 VWP countries who had traveled to Iran, Syria, Iraq, or Sudan after … Continue Reading

U.S. Passport Book Changes

On Nov. 20, 2015, the U.S. Department of State (DOS) issued a final rule on the elimination of the visa page insert service within U.S. Passports.  Earlier in the year, DOS published a notice of proposed rulemaking that eliminated the visa page insert service for regular fee passport book holders. This rule will become effective on … Continue Reading

December Visa Bulletin Shows Little Movement But Contains Projections for Future Movement

The Department of State’s (“DOS”) December 2015 Visa Bulletin showed minor movements in the employment-based visa categories.  The most significant movement was in the Indian EB-2 category which advanced  by 10 months to June 1, 2007.  All other employment-based categories showed slow advances by few weeks, except for Mainland China EB-3 and Other Worker categories … Continue Reading

Adjudication of Employment-Based Adjustment of Status Applications Halted through September

The Department of State has determined that all employment-based (EB) preference categories have been reached for Fiscal Year 2015. What does this mean? Starting today through September 30, 2015, USCIS will not process any final adjudications for already filed EB I-485 Applications until October 1, 2015 when Fiscal Year 2016 begins. Although final adjudications are … Continue Reading

August 2015 Monthly AILA Check-In with Charlie Oppenheim

Charles Oppenheim, chief of the Visa Control and Reporting Division of the U.S. Department of State, held his monthly meeting with AILA to shed light on the data in the recently-released September Visa Bulletin.  Among the highlights of meeting are the following: China/India EB-2 Retrogression.  As GT discussed previously here, EB-2 for India and China … Continue Reading

September Visa Bulletin: “See-saw” Trend between EB-2 and EB-3 India and China Continues

The Department of State’s (DOS) September Visa Bulletin shows the results of heavy demand in the employment-based visa categories. The most dramatic movement is the retrogression for Chinese and Indian nationals seeking EB-2 classification. Both categories will retrogress to Jan. 1, 2006, with China EB-2 moving backwards seven years and India EB-2 moving backwards two … Continue Reading

Some Improvement, But Frustrating Visa Delays Continue

In continuation of our reports from last week (June 15, 2015 and June 17, 2015) the State Department describes some progress on the worldwide visa issuance delays that have and are ruining long-planned vacations, athletic events and family reunions for travelers trying to come to the United States. The Bureau of Consulate Affairs says it … Continue Reading

DOS Announces System Failures, Causing Passport/Visa Delays Worldwide

On June 15, 2015, the U.S. Department of State (“DOS”) announced that its Bureau of Consular Affairs “is currently experiencing technical problems with [its] visa systems. These issues have resulted in delays in printing visas and may mean rescheduling some visa interviews.” While DOS has stated that there is no evidence that the problem is … Continue Reading
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