Category Archives: Visa Bulletin

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June 2017 Visa Bulletin Update: EB-1 Final Action Dates Retrogression for China and India

According to the June 2017 Visa Bulletin released by Department of State and effective June 1, there will be significant retrogression in the EB-1 category for individuals born in mainland China and India. While the current cutoff date for worldwide chargeability in the EB-1 category will remain current, the final action dates for Chinese and … Continue Reading

March 2017 Visa Bulletin Update

The Department of State’s (DOS) March 2017 Visa Bulletin showed some minor movement in some employment-based categories, with more significant movement in other employment-based visa categories. The Worldwide EB-1 category remains current for all categories, including individuals born in mainland China, El Salvador, Guatemala, Honduras, India, Mexico, and the Philippines. The cutoff date for worldwide … Continue Reading

Update on DHS Proposed Rules Affecting Employment-based Immigrant and Nonimmigrant Visa Programs

As reported, in December 2015, USCIS published a proposed rule on the Federal Register in which the Department of Homeland Security (DHS) seeks to improve job portability for highly skilled immigrants and clarify issues affecting foreign nationals in employment-based nonimmigrant visa categories like H-1B. The proposed regulations received almost 28,000 comments. On October 24, 2016, … Continue Reading

November 2016 Visa Bulletin Released

The Department of State released the November Visa Bulletin, which contains some movement of final action dates in certain employment-based categories. The Worldwide EB1-1 category remains current for all categories, including individuals born in mainland China, El Salvador, Guatemala, Honduras, India, Mexico and the Philippines. The cutoff date for worldwide chargeability in the EB-2 category … Continue Reading

September 2016 – Monthly AILA Check-In with Charlie Oppenheim

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

Department of State Issues October 2016 Visa Bulletin

This week, the Department of State released the Visa Bulletin for October 2016. EB-5 Unfortunately, the expected movement as the U.S. government begins a new fiscal year did not materialize for the EB-5 visa category. The date for final action for the EB-5 visa category for mainland China born applicants advanced only one week from … Continue Reading

USCIS Expands Eligibility for Unlawful Presence Provisional Waiver

In July 2016, USCIS announced a final rule expanding eligibility of immigrant visa applicants to provisional waivers of unlawful presence under INA section 212(a)(9)(B). Under the former rule promulgated in 2013, only applicants immigrating as immediate relatives (i.e., spouses, parents, or unmarried children of U.S. citizens under 21) could qualify for the waiver of the … Continue Reading

October 2016 Visa Bulletin – Dates for Filing

In October 2015 the Department of State (DOS) visa bulletin saw significant revisions with the addition of a second chart entitled “Dates for Filing.”   The new chart was met with much excitement from foreign nationals who continue to experience significant retrogression as it provided earlier filing dates for adjustment of status applications.  These applications carry … 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

September 2016 Visa Bulletin Released

This week, the Department of State released the Visa Bulletin for September 2016. Given that visa numbers are issued based on the government fiscal year, we expect to see significant movement again in October 2016; for September 2016, the last month of FY2016, there were only minor changes with regard to movement of final action … Continue Reading

July 2016 – Monthly AILA Check-In with Charlie Oppenheim

After the release of the August Visa Bulletin, Charlie Oppenheim, chief of Visa Control and Reporting Division for the U.S. Department of State (DOS), provided his predictions on the future movement in the employment-based green card categories.  They are summarized below: EB-2 and EB-3 China The Final Action date of Jan. 1, 2010, will see … Continue Reading

August 2016 Visa Bulletin Released

This week the Department of State released the August Visa Bulletin, which contains some significant movement in certain employment-based categories. In its July Visa Bulletin, which we wrote about here, the Department advised that it would impose cutoff dates for India and China in the EB-1 category.  In the August Bulletin, the Department has imposed … 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

June 2016 Visa Bulletin Update

The Department of State (DOS) has released the June 2016 Visa Bulletin that includes the “Application Final Action Dates” and “Dates for Filing Applications.” For both family-sponsored and employment-based filings, the United States Citizenship and Immigration Service (USCIS) website indicates that the Application Final Action Dates chart must be used for May 2016. Please see … Continue Reading

May 2016 Visa Bulletin Update

As previously reported, earlier this month the Department of State released the May 2016 Visa Bulletin reflecting some movement for applicants in specific categories. In addition to the Dates for Filing and Application Final Action Dates charts, the May 2016 Visa Bulletin noted: “…there have been extremely high levels of Employment-based demand in most categories … Continue Reading

Department of State Issues May 2016 Visa Bulletin

The Department of State (DOS) has released the May 2016 Visa Bulletin with the Application Final Action Date chart for employment-based applications which reflects some modest movement for some applicants. The second and third preference categories for China-mainland born applicants had no movement. The second and third preference categories for India move ahead a few weeks to Nov. … Continue Reading

UPDATE: April 2016 Visa Bulletin Release

As an update to our April 2016 Visa Bulletin Release blog, on March 11, 2016, USCIS confirmed that family-based applicants may use the April 2016 Dates for Filing chart in determining eligibility to file. However, employment-based applicants must use the April 2016 Final Action Date chart, which has some cut-off dates that are significantly behind … Continue Reading

April 2016 Visa Bulletin Release

The Department of State (DOS) has released the April 2016 Visa Bulletin, with the Application Final Action Date chart for employment-based applications reflecting some substantial movement. The 2nd preference category for China-mainland born applicants has moved ahead one month to Sept. 1, 2012, and for India born applicants it has moved ahead a few weeks … Continue Reading

USCIS Releases Processing Information for March 2016 Visa Bulletin

USCIS has released another updated Visa Bulletin chart listing the dates to file adjustment of status applications. As we previously reported, USCIS and the DOS revised the procedures for determining visa availability for individuals looking to file adjustment of status applications.  The DOS Visa Bulletin now has two categories of cut-off dates: Application Final Action Dates … Continue Reading

Summary of AILA’s Monthly ‘Check-In with Charlie’ (February 2016 Edition)

On Feb. 8, 2016, the March 2016 Visa Bulletin was released (previously covered by Greenberg Traurig here).  Shortly thereafter, on Feb. 17, 2016, AILA “checked in” with Charles (Charlie) Oppenheim, chief of the Visa Control and Reporting Division, U.S. Department of State, to obtain his analysis of current developments and his future predictions. Below are highlights … Continue Reading

Department of State Issues March 2016 Visa Bulletin – China EB-3 Now Even with EB-5, Expectations Set For Coming Months

The March 2016 Visa Bulletin is now available online.  The significant news arises in the EB-3 category with respect to dates for filing visa applications: EB-3 Worldwide is now current. EB-3 China has advanced from Oct. 1, 2013 to May 1, 2015, making the native Chinese EB-3 and EB-5 filing dates identical. Compared to February, … Continue Reading

December 2015 Monthly AILA Check-In with Charlie Oppenheim

On Dec. 14, 2015, USCIS released the Visa Bulletin Charts for January 2016, in conjunction with the Visa Bulletin, USCIS announced that Family-sponsored immigrant visa applicants may use the “Dates of Filing” chart for January 2016 for filing adjustment of status applications, but Employment-based applicants must use the “Final Action Dates” chart for January 2016. … Continue Reading

January 2016 Visa Bulletin Update

The Department of State’s (DOS) January 2016 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 another 8 months, to Feb. 1, 2008 (the December 2015 bulletin showed a 10 month jump). There was also movement in the Dates for Filing in the employment-based … Continue Reading
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