April 2015 Visa Bulletin Analysis

For April 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/03/april-2015-visa-bulletin.html

Please see below analysis of April 2015 Visa Bulletin:

EB1: All EB1 categories are current and should continue to remain current for fiscal year. Demand continues to be around 1650 every month (per the latest pending inventory).

EB2 ROW: This category continues to remain current. Demand in EB2ROW continues to be very low at an average of around 700 per month. 

EB2 China: EB2 China moved forward by 7 months in this visa bulletin. It is likely to continue to move forward around at a fast pace in the next few months.

EB2 India: EB2 India category also got a big jump in this visa bulletin. It moved forward by 8 months in this visa bulletin. Per the latest pending inventory, there around 1,000 I-485 pending applications before that date. In addition, there are applicants in EB2 who have not yet filed their application as well as applicants who will be porting from EB3 India to EB2 India.

April 2015 Visa Bulletin

For March 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/02/march-2015-visa-bulletin.html

For analysis of April 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/03/april-2015-visa-bulletin-analysis.html

April 2015 Visa Bulletin has been released (valid from April 1 to April 30 only). Please see below for more details.

Family Based:

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01AUG07	01AUG07	01AUG07	01NOV94	01FEB05
F2A	01AUG13	01AUG13	01AUG13	08JUL13	01AUG13
F2B	22AUG08	22AUG08	22AUG08	01FEB95	01APR04
F3	08FEB04	08FEB04	08FEB04	01APR94	08AUG93
F4	15JUN02	15JUN02	15JUN02	08JUL97	22SEP91

Employment Based:

Re-registration Deadline for El Salvador TPS is March 9, 2015

From USCIS: Monday, March 9, 2015, is the deadline for current El Salvador Temporary Protected Status (TPS) beneficiaries to re-register for the 18-month extension of TPS that runs from March 10, 2015, through Sept. 9, 2016.

The law requires USCIS to withdraw TPS for failure to re-register without good cause. Therefore, if you fail to re-register by this deadline, you may lose your TPS and your work authorization.

You can find details and procedures for re-registering for TPS on the USCIS website and in the Federal Register notice announcing the extension of TPS for El Salvador.

Eligible El Salvador TPS beneficiaries who re-register during the registration period and request employment authorization will receive a new Employment Authorization Document (EAD) with an expiration date of Sept. 9, 2016.

USCIS EB I-140 and I-485 Processing Statistics As Of December 2014

USCIS EB I-140 Processing Statistics 

	Received	Approved	Denied	Pending
QTR 1 FY 2015	23,188	20,382	1,813	36,177
QTR 4 FY 2014	24,959	20,482	2,041	30,430
QTR 3 FY 2014	24,254	20,490	1,924	27,175
QTR 2 FY 2014	17,879	10,930	1,593	24,595
QTR 1 FY 2014	14,566	10,393	1,759	15,166

USCIS EB I-140 Processing Statistics 
 

Important Information for Pending Cases During the Transition from the Current Version of the Form G-28 to the Revised Version

From USCIS: We are aware that some attorneys and accredited representatives who recently filed the current version of the G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, may have received a courtesy copy instead of an original document.

This occurred because we recently made necessary system changes to incorporate the new features that appear on the revised Form G-28. Release of the new Form G-28 has been temporarily delayed and, as a result, is not yet available for public use.

We expect the new Form G-28 will be out soon, however, in the interim, USCIS adjusted its notice mailing process until the new form is available for public use.

During the Transition

Until the new Form G-28 is available for public use, we are working to ensure that attorneys and accredited representatives with a valid G-28 on file receive original notices for any cases currently pending with USCIS.

Update: EAD For H4 Visa Holders

From USCIS: U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” Rodríguez said. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

• Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or 
• Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

DHS expects this change will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status, and facilitate their integration into American society.

H-2B Cap Reached for the First Half of Fiscal Year 2015

From USCIS: USCIS has received a sufficient number of petitions to reach the congressionally mandated limit, or “cap” on the total number of foreign nationals who may seek a visa or otherwise obtain H-2B status for the first half of fiscal year (FY) 2015.

Jan. 26, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start date prior to April 1, 2015.

What Happens Now

• USCIS will reject new cap-subject H-2B petitions that were received after January 26, 2015, and that request an employment start date prior to April 1, 2015.
• No cap numbers from the first half of FY 2015 will be available in the second half of FY 2015, which begins April 1, 2015.