The American Immigration Lawyers Association (AILA) recently met again with Charles Oppenheim to discuss the current demand and expected movements in various visa bulletin categories.
Charles Oppenheim is the Chief of the Visa Control and Reporting Division within Department of State (DOS).
Please see the important details below:
EB2 India: Due to heavy demand (mostly from EB3 India applicant upgrading to EB2 India), DOS had to retrogress dates to February 2005. Date are expected to move forward around July 2015 (when it is expected to receive spillovers from other unused EB categories).
The good news is that DOS is currently considering moving the dates forward earlier in the year instead of waiting till last quarter of FY 2015. The main reason for waiting till Q4 2015 is that it gives DOS a good understanding of demand in other EB categories and help estimate unused visas and spillovers to other categories.
Wednesday, December 31, 2014
Monday, December 29, 2014
Friday, December 26, 2014
DHS Announces Temporary Protected Status Designations for Liberia, Guinea, and Sierra Leone
From USCIS: Due to the outbreak of Ebola virus disease in West Africa, Secretary
of Homeland Security Jeh Johnson has announced his decision to designate
Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS)
for 18 months.
As a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notices provide details and procedures for applying for TPS and are available at www.uscis.gov/tps.
The TPS designations for the three countries are effective Nov. 21, 2014 and will be in effect for 18 months. The designations mean that eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries) will not be removed from the United States and are authorized to work and obtain an Employment Authorization Document (EAD). The 180-day TPS registration period begins Nov. 21, 2014 and runs through May 20, 2015.
To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been “continuously residing” in the United States since Nov. 20, 2014 and “continuously physically present in” the United States since Nov. 21, 2014.
As a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notices provide details and procedures for applying for TPS and are available at www.uscis.gov/tps.
The TPS designations for the three countries are effective Nov. 21, 2014 and will be in effect for 18 months. The designations mean that eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries) will not be removed from the United States and are authorized to work and obtain an Employment Authorization Document (EAD). The 180-day TPS registration period begins Nov. 21, 2014 and runs through May 20, 2015.
To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been “continuously residing” in the United States since Nov. 20, 2014 and “continuously physically present in” the United States since Nov. 21, 2014.
Wednesday, December 24, 2014
USCIS Approves 10,000 U Visas for 6th Straight Fiscal Year
From USCIS: U.S. Citizenship and Immigration Services (USCIS) has approved the
statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U
visas) for fiscal year 2015. This marks the sixth straight year that
USCIS has reached the statutory maximum since it began issuing U visas
in 2008.
Each year, 10,000 U visas are available for victims of certain qualifying crimes who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U visa petition requires certification that the victim has been helpful to law enforcement.
Although USCIS has reached the statutory cap of 10,000 U visas, it will continue to review pending petitions for eligibility. For eligible petitioners who cannot be granted a U-1 visas solely because of the cap, USCIS will send a letter notifying them that they are on a waiting list to receive a U visa when visas become available again.
The letter will also inform the petitioners of options available to them while they are on the waiting list. Petitioners and qualifying family members must continue to meet eligibility requirements at the time the U visa is issued.
Each year, 10,000 U visas are available for victims of certain qualifying crimes who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U visa petition requires certification that the victim has been helpful to law enforcement.
Although USCIS has reached the statutory cap of 10,000 U visas, it will continue to review pending petitions for eligibility. For eligible petitioners who cannot be granted a U-1 visas solely because of the cap, USCIS will send a letter notifying them that they are on a waiting list to receive a U visa when visas become available again.
The letter will also inform the petitioners of options available to them while they are on the waiting list. Petitioners and qualifying family members must continue to meet eligibility requirements at the time the U visa is issued.
Monday, December 22, 2014
Annual Report of Immigrant Visa Applicants in the EB Category registered at NVC as of November 1, 2014
The following figures have been compiled from the NVC report submitted
to the Department on
November 1, 2014, and show the number of immigrant visa applicants on the waiting list in the
various preferences and subcategories subject to numerical limit.
All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well.
All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well.
Friday, December 19, 2014
USCIS Announces 68 Countries Eligible to Participate in the H-2A and H-2B Visa Programs
From USCIS: USCIS and the Department of Homeland Security, in consultation with
the Department of State, has added the Czech Republic, Denmark,
Madagascar, Portugal, and Sweden to the list of countries whose
nationals are eligible to participate in the H-2A and H-2B Visa programs
for the coming year. The notice listing the 68 eligible countries
published on Dec. 16, 2014 in the Federal Register.
The H-2A and H-2B Visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. USCIS only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs.
USCIS may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.
The H-2A and H-2B Visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. USCIS only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs.
USCIS may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.
Wednesday, December 17, 2014
Annual Report of Immigrant Visa Applicants in the FB Category registered at NVC as of November 1, 2014
The following figures have been compiled from the NVC report submitted
to the Department on
November 1, 2014, and show the number of immigrant visa applicants on the waiting list in the
various preferences and subcategories subject to numerical limit.
All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well.
Immigrant Waiting List By Country
The ten countries with the highest number of Family - sponsored waiting list registrants are listed below; together these represent 74.6 % of the total. This list includes all countries with at least 100,000 persons on the waiting list.
All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well.
Immigrant Waiting List By Country
The ten countries with the highest number of Family - sponsored waiting list registrants are listed below; together these represent 74.6 % of the total. This list includes all countries with at least 100,000 persons on the waiting list.
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