Tag Archives: visa bulletin

October 2021 Visa Bulletin Released

The Department of State released the first Visa Bulletin for the new fiscal year. USCIS confirmed it will use the Dates for Filing chart for the month of October. This allows applicants with later priority dates to file their Adjustment of Status applications, along with applications for Advance Parole and an Employment Authorization Document (EAD).

Employment-Based Highlights

  • Dates for Filing – EB-2 progressed by approximately 6 months
  • Dates for Filing – EB-3 retrogressed by almost 2 months
DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Visa Availability in the Coming Months (Predictions Through January 2022)

  • No movement expected in F1, F2B, F3, and F4 family-based categories. F2A will likely remain current.
  • EB-1 will remain current worldwide and for India and China
  • EB-2 will be current worldwide, with “up to several months” of movement expected for China and India
  • EB-3 – Final Action Date could be imposed worldwide as early as November
    • China: retrogression could occur as early as November
    • India: retrogression could occur as early as November
    • Mexico: Final Action Date could be imposed as early as November
    • Philippines: Final Action Date could be imposed as early as November
  • EB-4 will remain current for most countries, limited (if any) movement expected for Mexico, El Salvador, Guatemala, and Honduras
  • EB-5 will remain current for most countries, no forward movement for China

The Department of State’s Chief of the Visa Control division, Charles Oppenheim will host “Chats with Charlie” on the @TravelGov YouTube channel at 1 PM EST, September 15, 2021.

Next Steps

If you are current using the Dates for Filing chart, contact us immediately to get your case started. Considering an EB-2 to EB-3 “downgrade” to take advantage of the movement? Join our weekly webinars and get your questions answered!

REQUIRED DOCUMENTATION

International Travel: Please advise our office if you have planned or anticipate any international travel in the next twelve months.

If you have ever been arrested in the U.S. or another country, please disclose to our office immediately so that our office can best represent you.  

  • Copy of Foreign Passport (and expired passport if it includes immigration history)
  • Most recent I-94
  • Copy of all prior immigration documentation (I-797s, I-20s, DS-2019s, I-601 waiver, etc.)
  • Copy of Employment Authorization Document (EAD) work cards
  • Copy of Birth Certificate
  • Copy of Marriage Certificate
  • For prior marriages, copy of marriage certificate and evidence of legal termination (divorce decree or death certificate)
  • Police Certificates – ONLY REQUIRED FOR CONSULAR PROCESSING (Must be obtained for any arrests in the U.S. or in another country.)
  • Documentation of any criminal arrests, convictions, etc. (REQUIRED IF APPLYING FROM U.S.)
  • Certificates of citizenship to other countries other than country of birth
  • Copy of any U.S. federal tax returns for three most recent years
  • Copy of any W-2 statements for three most recent years (or covering all years of employment for an employer-sponsored green card)
  • Copy of paystubs for six most recent months
  • Six (6) U.S. passport-style photos
  • Civil Surgeon Medical Exam – Form I-693 (sealed in an envelope with full name printed on the outside; must be submitted to USCIS within 60 days of physician’s signature) 
  • I-485 Supplement J for employment-based cases (signed by original petitioning employer demonstrating continued offer of employment)
  • USCIS Filing Fees and Legal Fees

Any document not in English must be accompanied by a certified English translation.

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USCIS to Require COVID-19 Vaccine for Refugee and Immigrant Applicants

USCIS to Require COVID-19 Vaccine for Refugee and Immigrant Applicants

The CDC, together with USCIS, will require COVID-19 vaccinations for refugee and immigrant applicants starting on October 1, 2021. The Department of Health & Human Services issued an alert for physicians to note the designation of COVID-19 as a Class A Inadmissible Condition. The alert stated that the U.S. Advisory Committee for Immunization Practices (ACIP) has now recommended the vaccination for the general U.S. population and therefore it now meets the vaccination criteria for refugee or immigrant applicants.

The notice also advises:

  • If a COVID-19 vaccine listed for emergency use by the World Health Organization (WHO) or licensed or authorized for emergency use by the U.S. Food and Drug Administration (FDA) is available to the applicant in the country where the medical examination is conducted, the eligible applicant must complete the COVID-19 vaccine series.
  • Applicants who are too young to receive the vaccine, have a medical contraindication to the vaccine, or who do not have access to one of the approved COVID-19 vaccines in their country will not be required to receive the vaccine.
  • Individuals may apply for an individual waiver based on religious or moral convictions with U.S. Citizenship and Immigration Services
    (USCIS).

Question: I’ve already taken my medical exam and sent it to USCIS, but my I-485 is still pending. Will I have to get another exam? 

The alert states that this policy goes into effect for individuals receiving their medical examinations from a Civil Surgeon or Panel Physician on or after October 1, 2021. Medical exams that are completed prior to this date are not required to demonstrate proof of receiving the COVID-19 vaccine.

Question: I need to provide updated medicals but USCIS hasn’t issued an RFE yet or my priority date is not yet current. Should I get the vaccine? 

Whether you are choosing to interfile your medicals or wait for an RFE, you may want to consider getting the vaccine so that both doses (if applicable) can be completed by the time your priority date is current or when USCIS requests medicals in an RFE. You should check with your healthcare provider before taking or refraining from taking any medical actions.

Connecting with Challa Law Group

Join us on Wednesdays for a live webinar at 12 PM ET on critical immigration updates

Don’t miss out on the immigration news! You can sign up for our mailing list or follow us on FacebookTwitterInstagramYouTube, or LinkedIn. You can also join our Telegram community.

Contact us at info@challalaw.com or 804-360-8482 to get your case started today.

 

 

Department of State Visa Backlog Update

Only have a few minutes? Here are the key takeaways:

  • In January of 2020, the NVC backlog was at 80,000. Fifteen months later, the current number of applicants that are ready for interviews is 481,965.
  • DOS is prioritizing family unification with four priority tiers:

    Tier 1
    are family-based immediate relative visas and adoption-based visas, as well as age-out cases and certain special immigrant visas.
    Tier 2 is going to be other immediate relative visas for spouses, fiancés, parents, and returning resident visas.
    Tier 3 is family preference visas, other special immigrant visas for certain employees of the US government
    Tier 4 includes all other immigrant visas, including employment-preference visas and diversity visas.
  • Fiance visas are part of a National Interest Exemption and are not subject to geographical travel restrictions.
  • The Diversity Visa is a fiscal year program, so as regulations currently stand, all visas must be issued or approved by September 30, 2021 or else they cannot be utilized.
  • DOS is urging patience as consular posts continue to deal with the effects of the pandemic.

Summary of Q & A with Department of State’s Neal Vermillion

Neal Vermillion is a division chief in the Visa Office of the Bureau of Consular Affairs. His division is the Office of Field Operations, which provides guidance to consular sections, embassies, and consulates around the world. He has served for the DOS since the early 2000s all over the world in different field offices and consulates. He is glad to have the opportunity to talk and answer questions about the unprecedented situation with the visa backlog.

 This event is intended to address issues of general interest related to the content of the visa backlog. Questions and answers have been paraphrased and should not be interpreted as verbatim quotes.

Neal would like to go over the recent history of the backlog as a primer before beginning his Q&A:

Overseas immigrant visa processing has been shut down due to the pandemic for the past year, which has affected the immigrant visa backlogs in an interesting way. Last spring, President Trump signed Presidential Proclamation 10014, which prevented the issuance of many immigrant visas. There are still many geographic proclamations in effect which have been issued to protect the health and security of Americans. Proclamations are in effect which cover 33 countries. These issues have all contributed to the creation of an unprecedented backlog. Getting out of the backlog is an ongoing process, although it will be hindered by the ongoing nature of the pandemic.

The reopening process has been hampered by slow vaccination rates outside of the United States, where the pandemic remains a much more serious problem. Neal would like the listeners to know that the Department of State is aware of the problems that visa applicants face and is committed to providing relief and decreasing the Immigrant Visa backlogs.

What is the DOS doing to decrease the visa backlogs worldwide? 

We are fully committed to reducing that backlog, and honestly keeping people informed is part of that effort, which is part of why we’re doing this. I also want to highlight that we have started posting in the last month and will update monthly on our travel.state.gov the stats of the immigrant visa backlog. The National Visa Center – the current number of applicants that are ready for interviews is 481,965 – this is up from January’s figure of 408,255. For comparison, in our last normal month of processing, back in January of 2020, almost fifteen months ago, we had a backlog of 80,000 then. That number will fluctuate over time, and it does not change in a linear way.

In terms of what we’re doing, we’re throwing all available resources that we can at the backlog and we’re telling our overseas consular sections and our embassies and consulates overseas that, after services to US citizens, processing of immigrant visas and fiancé visas is our number one priority. Please understand we are continuing to deal with circumstances on the ground, and our ongoing response to the backlog will depend on these circumstances. We are trying to process these applicants as quickly and safely as possible.

How are IV applicants being prioritized?

We have an article on travel.state.gov from our newsroom that details this, but I’ll answer here as well. Basically, we have many immigrant visa categories. We have relatives, we have employment visas, we have family visas, we have diversity visas.

We don’t want to prioritize any of these categories, however, during the pandemic, we’ve been forced to make difficult decisions on how our consular sections should prioritize different visas. As we develop a framework for prioritization, the principle that underlies our plan is the prioritization of family reunification. It’s a clear priority of the US government, it is a clear priority in the INA, it is specifically our prioritization guidance that we have given publicly as well as to our consular sections. Our guidance relies on a clear direction from Congress that requires the adoption of policy that prioritizes family reunification.

We’ve given our divided immigrant visa work into four priority tiers. We have directed consular sections where it is possible to schedule appointments within all four priority tiers. The majority of the applications that a section will process if they are able to are going to be within the first two tiers.

Tier 1 are family-based immediate relative visas and adoption-based visas, as well as age-out cases and certain special immigrant visas.

Tier 2 is going to be other immediate relative visas for spouses, fiancés, parents, and returning resident visas.

Tier 3 is family preference visas, other special immigrant visas for certain employees of the US government

Tier 4 includes all other immigrant visas, including employment-preference visas and diversity visas.

As mentioned, we’re going to try and do as much as we can for each of those tiers. Some consular stations are processing some cases from each of these tiers.

Will DV 2021 selectees be able to get an interview before the September 30, 2021 deadline?

Diversity visas are a hot topic; we’ve gotten this question before.

The good news is that Presidential Proclamation 10014 has been rescinded, so for the first half of this fiscal year, we were unable to process diversity visas due to that proclamation. As I’m sure people who are interested in diversity visas know, that program is specific to each fiscal year. I can tell you that our colleagues that are responsible for this program, which is the Consular Center, has begun to schedule and process documentarily qualified visas. We truly value the diversity visa program and are going to do what we can.

That said, this pandemic is unpredictable. We’ve seen spikes in the past month in South Asia and in other places. It’s impossible to forecast how many DVs we will issue this year. It is very likely that we will not be able to issue all of the diversity visas this year. 55,000 is the maximum we are able to issue each year.

Obviously last year we weren’t able to get as close to that ceiling as we like. We are committed to doing as much as possible. As has been mentioned earlier, we have local conditions and restrictions that have forced us to prioritize. We are going to do as much as we can before the end of the fiscal year, but it will not be near the 55,000 allowed by the statute.

Will DV 2020 selectees who were not interviewed prior to September 2020 be interviewed?

I understand the frustrations of the selectees from last fiscal year. It’s kind of the opposite of what happened this year, where we processed smoothly for the first half of the year and then were interrupted by COVID.

To go back to what I said earlier, the diversity visa program is a fiscal year-specific program. Applicants who were refused because of that proclamation last year cannot be interviewed. The terms of these programs – the fact that it is specific to fiscal year is outlined in the statute. It’s unfortunate, but there’s nothing we can do about it.

If you did win and were selected for DV 2020, you can enter future DV lotteries.

That’s a great point, and I know many many people apply for the program year after year after year, and after fifteen years they finally get it. There are no guarantees, of course, it is a selection process.

Why can’t immigrant visa applicants be interviewed virtually?

Good question. Obviously, we’re doing Zoom and YouTube here, technology has changed quite a bit. I’ll give you a straightforward answer – maybe not the most welcome answer – immigrant visa applicants are required by statute to be interviewed in person. As a consular officer who has worked in the field, there are some benefits I should talk about with this process:

National security is our top priority when we adjudicate these applications. Each prospective traveler undergoes extensive screenings. Part of that is that our officers not only look at the visa application, but they also talk to the applicant to make an informed decision about whether the person is eligible or whether there are any national security concerns.

Can you talk about K-1 visas specifically and where they are on the priority list?

K-1 visas are a priority, as I mentioned earlier, we have four tiers of immigrant visa priority, and that the majority of consular sections will be focusing on the first two tiers. Fiancé visas are in that tier as well, along with spousal visas and immediate relative visas in our tier 2. They are a focus. Depending on the post, the backlogs in these cases may be longer than others.

You mentioned for fiancée visas specifically that the geographic proclamations no longer affect those visas?

That is correct. That’s worth reinforcing, since just last month. There is a National Interest Exception. There is a blanket declaration from the Secretary of State that these are a National Interest Exception.

How long does it take to process a current EB I-485 application?

I can’t really get into that, because I’m not an expert. There are so many areas that influence processing time. As many of you know, most immigrant visa applications start with a petition filed with USCIS, and that’s an area I can’t really get into. USCIS I’m sure is facing their own resource constraints, their own pandemic restraints.

Most of our immigrant visa cases get routed through the National Visa Center, which also has its own processing. It takes time, and sometimes people submit documentation that’s not complete, and it takes time to go back and get that documentation, so – public service announcement, please make sure your application is documentarily complete before sending.

At the end, if you have cases sitting in the National Visa Center that we are able to schedule, it comes down to individual posts. I’m not even able to answer that question directly. On the positive sign, we don’t have a proclamation preventing us from processing cases directly, and many of our posts have started resuming services. As of a week or two ago, there were a dozen posts that were not doing immigrant visas. Some were COVID related, such as the spike in South Asia for example, and some were not COVID related, such as Burma and Russia, for example.

Do you know about the status of the KCC backlog processing Diversity Visas? It’s been months.

The KCC, I talked with my colleagues there, and my advice is to just be patient. They are processing as much as they can in the order in which the cases are received. For those of you who are waiting for scheduling, please wait until you are contacted by your particular embassy or consulate. I’ve seen other questions about KCC, and their leadership has reminded me to tell you that if you’re used to calling KCC, they had to send the entire staff home due to the pandemic spike last fall. They used to accept phone calls, they don’t anymore. It’s best to get in touch with KCC via email, although their email system is also backlogged. They are doing their best, please be patient. KCC will get to them, and I encourage you not to send a second or third or fourth follow up. We’re trying to get as many DVs scheduled as we can.

Why are there zero interviews scheduled except for a few expedite cases in the F2 category?

Again, I’m not sure if I can get into each specific category because there are so many factors. Certain posts are able to schedule interviews, depending on their local restrictions. I understand you had on my colleague Charlie Oppenheim who can provide more details on when numbers are available for scheduling, and when they can be called “current.” It really comes down to the particular circumstances in that country.

To get back to the tiers, family preference immigrant visas are in the third priority tier. We are trying to process some, for posts that have backlogs, their emphasis will be on processing fiancés and immediate relatives.

For the Tier 1 category of visa preference, do applicants receive their interview appointment without waiting for the first and the fifteenth of the given months or will the 2NL be sent with no wait time?

This goes back to where we have a multi-step process to talk about. What the NVC does is one thing. The case might be ready to be processed pretty quickly, but a certain consular section or embassy or consulate may not be ready to accept those cases. Many consular posts have determined that they are not planning to accept new cases from the national visa center for the next several months. They will work through those and other high-priority cases before scheduling anything new.

If I have an I-485 AOS done in OCT 2020 for an EB-3, can we request our medicals now before a request is made by USCIS?

I would just follow the directions that are given by the NVC and USCIS. The answer to that is probably gonna be a no, just because the medicals come later in the process. You can tell from this conversation that a lot of my discussion is going to be general. I’m not able to talk about any individual case.

Are there any plans to increase staff?

Good question. I’m not the resources guy, so I wouldn’t be the person to ask about that. I’d love to have more staff, but this is not purely a staffing issue. If the world were perfect, Congress would now where to put its resources for staffing – first of all, staffing takes a significant amount of time with training and all that, but the important points that in many of these backlog cases, the backlog is coming from those other factors I’ve talked about – the Presidential Proclamations, the fact that we’ve had to shut down, and the closures at consulates and embassies. It’s going to be a non-linear process, but we will get there as quickly and safely as we can.

Do embassies prioritize medical professionals such as nurses under the EB-3 category?

Good questions. EB-3 is an employment preference category, which would put in priority tier 4. We recognize the importance of medical professionals, our posts are doing their best to process as many as they can, but there are certain exceptions, but at this time all employment-based preferences are in the lowest tier of priority. It really depends on your consular section.

Is It possible to maintain or go back to regular capacity by providing a COVID test less than 72 hours before an appointment?

That’s a really good question, and I applaud the creative thinking, but, unfortunately, each consular section is operating in a different locality. We need to follow the local guidelines for shutdowns and social distancing while also following CDC guidelines for operations.

Why would consulates not book IR-1 or CR-1 interviews?

IR-1s are immediate relatives, so without knowing the specific circumstances of the consulate that you’re talking about, I can’t comment on why interviews are not being scheduled. Again – patience, patience, patience. In that particular locale, the list is probably long, and circumstances are probably preventing the processing of immediate relatives, and they’re working through it as fast as they can.

Have you actually ordered all embassies to resume IV processing? What are you doing to ensure that posts are following orders?

No, posts have not been ordered to resume IV processing. Let me review the guidance that we’re talking about: We need to prioritize the health and safety of our applicants and our staff, and about the people who come into contact with those people. We cannot order a consular section overseas to proceed if it is unsafe to do so. What I can say though is that, as they are safe to reopen, consulates must follow the prioritization guidelines I mentioned earlier. Please be patient. It’s not an easy situation for any of us.

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Join us on Wednesdays for a live webinar at 12 PM ET on critical immigration updates

Don’t miss out on the immigration news! You can sign up for our mailing list or follow us on FacebookTwitterInstagramYouTube, or LinkedIn. You can also join our Telegram community.

Contact us at info@challalaw.com or 804-360-8482 to get your case started today.

 

DOS Q & A on May Visa Bulletin

 

This month’s chat with Charlie provided some valuable insight on how the Visa Bulletin will advance throughout the rest of the year. First, we’ll provide the quick highlights, followed by the comprehensive notes on the Q & A session.

Family Highlights

  • No retrogression expected for the family dates this year.
  • There will likely not be much forward movement with the possible exception of the fourth preference category and Philippine family dates.
  • Expect the worldwide and India fourth preference dates to advance in June.
  • Filing Dates are typically 8-12 months out from where Final Actions are expected to be.
  • However, 95% of the family-sponsored numerical limit is processed overseas, which is affected by COVID-19 protocols and conditions.

Employment Highlights

  • Expect aggressive movement of the June employment dates, with the exception of EB-5 China.
  • No retrogression expected for India EB-2 or EB-3.
  • There could be a slow down to the movement in July for EB-3 India.
  • The large number of downgrades in October could impact the movement of the India third preference date.
  • EB-2 for China is expected to advance rapidly, possibly into the summer of 2017.
  • USCIS processed over 95% of the 2020 employment annual limit, despite COVID-19 limitations.
  • This year’s limit is 68% higher than last year’s.
  • There could be tens of thousands of unused numbers.
  • India’s EB-2 number use already exceeds the per-country limit due to spillover from other categories.
  • Expect at least 10,000 numbers that would fall to the first preference category.
  • Since EB-1 is current for all countries, those numbers could then fall down to EB-2, leading to more aggressive movement on the China and India second preference dates.

Diversity Visa Highlights

  • All countries will be current for DV processing in July.
  • Egypt, Nepal, and Iran will be current effective for the month of July.
  • Regional DV ranked cutoffs will be current based on the amount of documentarily-qualified demand.

To view the current and upcoming Visa Bulletins, you can visit these links:

Q & A with Charlie Oppenheim

Please note: Questions and answers have been paraphrased in some cases and should not be interpreted as verbatim quotes.

Charlie Oppenheim has been with the State Department since 1978 and has been the Chief of the Immigrant Visa Control and Reporting division in the Office of Domestic Operations since 1998. The division’s main responsibility is the administration of the annual numerical limitations on immigrants, subdivided by preference category and country as provided by the Immigration and Nationality Act. This division then publishes the Visa Bulletin which summarizes the availability of visa numbers for the coming month, as well as providing other visa-related information.

Q: You have previously mentioned that the FY 2021 employment annual limit is approximately 262,000. Do you expect that all of the numbers will be used?

A:  I’d like to start off by mentioning the fact that the USCIS offices processed over 95% of the 2020 employment annual limit under extremely difficult conditions because of the COVID-19 issues, which shows that they are dedicated to maximizing number use This year’s annual limit is approximately 68% higher than last year’s. Most overseas and domestic operations were already working at peak capacity and the COVID-related issues remain. That’s very important to everyone to remember. Therefore we believe it would be somewhat unrealistic not to expect that there could be tens of thousands of unused numbers despite everyone’s best efforts this year.

Q: When do you expect that the DV ranked cutoff for Egypt might become current?

A: For the month of June, all of the regional DV ranked cutoffs have become current, based on the amount of documentarily qualified demand, which has already been reported to my office through the Kentucky Consular Center. I expect that such status will remain throughout the year and that all countries will be current for DV processing, effective for July. Again, people must be documentarily qualified and reported to my office.

Q: If it were assumed that there will be otherwise unused numbers which can be made available for use in the employment second preference category, why isn’t the India EB-2 date moving at a faster pace?

 A: Although we do expect additional otherwise unused numbers under the annual limit to become available, I must not be too aggressive at this point in terms of providing numbers to the Indian employment second preference category while there is a potential need for those numbers by rest of world applicants. I will continue to move the India EB-2 date aggressively for June and July, but again I want to make sure that we do have plenty of numbers for all other countries under their per-country limits.

Q: Do you expect that the worldwide family preference dates will continue to advance through September?

A: With the possible exception of the family fourth preference and the Philippine family dates, I do not expect any forward movement, and any that occurs through August would be minimal. Based on information that I’ve recently received, we do expect to advance the worldwide and India fourth preference dates to move for the month of June.

Q: Why does USCIS only allow the dates that are listed in the application Filing Dates chart to be used for such a short time each year?

A: This is a question best posed to USCIS, but from my discussions with them, when USCIS is making a determination on whether to allow those dates to be used for filing, they take into consideration issues such as the annual limits, the amount of numbers that have already been used, the amount of cases that have been filed and that are pending action, therefore if they believe that the resulting totals are sufficient to use all available numbers under the annual limits, they may decide that chart B,application filing dates, may no longer be used for filings. I would suggest that everyone monitor the USCIS website very carefully in the coming months to see if the application date use has any type of change. In the Visa Bulletin, we do have the information with a direct link to that site. The Visa Bulletin can be found on Travel.State.Gov

Q: Will Indians get a majority of the employment visa numbers?

A: The INA Immigration and National Act imposes a 7% per-country limit, to avoid any single country from being able to monopolize the vast majority of in the various preference categories, but it is important to remember that for the employment visa categories, §202(a)5 of the INA states that if the total demand of numbers is insufficient to be used in a particular employment category, then those numbers can be made available strictly in priority date order without regard to any normal annual limits. Therefore at this time, for example, in the employment- second preference number, India number use does exceed their per-country limit and will continue to for the year.

Q: If I have submitted all of the required documentation, why hasn’t my case been scheduled for an interview?

A: As I mentioned earlier, as with the case with the operations at USCIS offices in the U.S., the COVID-19-related issues have severely affected our ability at the overseas posts to process cases as they normally would. Therefore the scheduling of cases is largely dependent upon the conditions of each particular post and safety is a primary concern. Individuals should check the travel.state.gov website that has links to all of the U.S. embassies and consulates websites, where you may be able to find information on the particular post that is handling your case and its operational status.

Q: Do you expect that the September Final Action Dates will have surpassed the Application Filing Dates that were listed in the October Visa Bulletin?

 A: With the exception of the China employment fifth Application Filing Date and the India employment third preference date, which was subsequently retrogressed, the answer is yes. By September they will have been exceeded. Many have already been surpassed by the May Final Action Dates dates. It is important to note that the Application Filing Dates which were listed in the October 2020 Visa Bulletin are those where it was expected that the Final Action Dates would be in September. Some of those dates have advanced throughout the year and will advance as we move forward through the summer.

Q:  What are the chances that the June 2017 priority date would move in this fiscal year? Are the dates going to move?

A: With the exception of the family fourth preference category on a worldwide basis and India, there will be only limited movement of the Final Action Dates, except for Philippine family dates, which are expected to move forward. With the exception of the family fourth preference category, the amount of documentarily qualified, which we already have within the established May dates exceeds all of the family preference annual limits and that’s why future movements are likely to be limited. On the employment side, there will be very aggressive movement of the June employment dates, with the exception of China employment fifth preference, although China employment fifth preference can be expected to advance for the month of June.

Q: What are the chances of Final Action Dates reaching what is in the Filing Dates chart by the end of September?

A: If you look back at the application filing dates that were listed in the October 2020 Visa Bulletin, those application dates should be reached by September. Most of them have already been reached or far exceeded. The dates that are listed as application filing dates, any that have changed since October are those that I feel that the Final Action Dates will be in 8-12 months from the time the change was made. If I made a change in the May bulletin, we can expect that application Filing Date to have been reached by Final Action Date 8-12 months in the future.

Q: Do you expect any of the employment-based Final Action Dates for India to retrogress for EB-2/EB-3?

 A: No, the answer is a definite no. The Final Action Dates that are in place at this time will be the minimum going through the month of September. Again, I do believe that all of the dates in the employment categories will continue to move forward through the remainder of the year.

Q: When will Nepal be current?

A: Nepal’s diversity visa rank cutoff category for the month of July, will be current. Currently, all of the DV regional rank cutoffs were current for the month of June. We will be making the remaining the remaining rank cutoffs for Egypt, Nepal, and Iran; applicants will also be current effective for the month of July. This is being done in an effort to be able to maximize diversity visa number use by those applicants who have acted in a very timely manner, submitted all of the required documentation to the Kentucky Consular Center.

Q: Do you expect people born in Hong Kong to be put in the same backlog in the future as mainland  Chinese under Trump’s executive order last July?

 A: I can’t comment on that specific issue, but at this time, for the family and employment-based categories, Hong Kong remains treated as an independent country, as they have been. For the diversity visa program, please refer to the announcement for the DV 2022 registration period for specific information on how the foreign state status for Hong Kong would be applied for that program. For family-sponsored in the numerically-controlled categories and employment-based applicants, Hong Kong remains as it has been for the past several decades.

Q: How many visas will spill over from EB-4/EB-5 to EB-1/EB-2?

A: It is likely that the employment fourth preference limit will have an excellent chance of being reached this year. Any unused numbers would fall up to the employment first, as would any employment fifth preference numbers. I do at this point think that the combination of the two, expect there will be at least 10,000 numbers that would fall up to the employment first preference category.   The employment first preference category is current for all countries now, meaning there are enough numbers for everybody., so if we do not have sufficient demand to use the first preference limit, those unused first preference numbers will then fall down to employment second preference and can be used in that category. That has already started to happen and is part of the reason we have started to make aggressive movement on the China and India second preference dates.

Q: How do you determine how much the dates move for China versus India in EB-2 and EB-3?

A: As I mentioned section §202(a)5 indicates if there will be otherwise unused numbers under the annual limit, those numbers are made available strictly in priority date order. Right now the employment second preference Final Action Date for the month of May for applicants from China is December 1, 2016. The India second preference Final Action Date is August 1, 2010. Therefore, it is safe to say that any unused employment second preference numbers that are otherwise unused will go to the India second preference category.

Q: When do you think family preference priority dates come close to their filing dates?

A: Filing dates are typically 8-12 months out from where I believe the Final Action Dates will be. Because of COVID-19 issues impacting processing overseas, the family dates are not moving as fast as one might normally expect so it may take longer for some of the established family application dates to be reached. It’s important to remember that approximately 95% of the family-sponsored numerical limit is processed overseas, and approximately 85-95% of the employment-based numbers are used for adjustment of status cases by applicants who are already here in the United States You can gauge how things are happening around the world and gauge how processing is affected.

Q: So many people have been downgraded from EB-2 to EB-3 for India. Will the dates still move till January 2014?

A: That is a very good question. The amount of downgrades for second preference applicants who have essentially changed their minds and refiled under the third, to take advantage of the third preference date, will potentially impact the movement of the India employment third preference date. At this time, it is too early to tell. When we did retrogress the India third preference Application Filing Date, that was done in consultation with the USCIS headquarters and the establishment of that 2014 India date was the projected goal for September. Every effort will be made to get it to that point, and the goal is to maximize number use under the annual limits.

Q: Conservatively, how far do you believe EB-2 for China will advance in FY2021? Will you advance EB-2 China priority dates rapidly in the next couple of months.

 A: Yes, the China employment second preference date will be advanced rapidly in the coming months. It will get easily into calendar year 2017. At this moment, if I had to make a guess I would say that it will get to at least the summer of 2017.

Q: What purpose was served by making visa numbers available for over 100,000 DV 2021 selectees, when until now consulates have only issued 20 diversity visas?

A: When we have the registration period for each year’s diversity visa program, we always select enough applicants to help ensure that we can maximize number use under the annual limits. It is important to note that a lot of the people who apply for the diversity visa program, they do not follow through with the registration, even if they are selected, for whatever reason. Sometimes applicants will be refused upon their interview or may not proceed. When we had the DV 2021 registration period and made the selection of applicants, the registration period was pre-pandemic, and the selection was made last spring, but we have to proceed under the assumption that normal processing could return at some point. That allows us to potentially maximize number use under the various annual limits. If we had not registered applicants and miraculously this COVID had suddenly gone away, then we would have been in a situation where we did not have applicants for the numbers that could have been used. It is also important to remember that all of the diversity information on the registration clearly indicates that selection to participate in the program does not guarantee visa availability.

Q: The dates for EB-3 India category have been moved by five months for the May Visa Bulletin. Do you expect similar movement for the June and July bulletins?

A: Yes, I do expect that India third preference Final Action Date will once again be moved aggressively for the month of June. I think all of the June dates will be moved very aggressively, at least at the rate that we moved them for the month of May, potentially at a greater rate. Then it is possible that in July, we may slow down the movement to some extent. At this point, I think that is unlikely though.

Q: How many visa numbers have been used up until now for the EB-2 category for the FY 2021?

A: We do not provide specific number use during the course of the year. I can tell you that every effort is being made to maximize number use in all of the visa categories. USCIS offices are doing a phenomenal job of processing cases they have available to them.

Q: When will I-765V and U visa application dates move? What is the timeline for the U visa movement?

A: The U visa is not covered by the Visa Bulletin.

Q: What do you mean by the ‘documentarily qualified’ with respect to employment-based I-485 applications? At what stage of I-485 application processing, would it become documentarily eligible?

A: For a case to be ‘documentarily qualified,’ all of the required documents must have been submitted and reviewed and been determined that they meet the required criteria: any security type of background checks, medicals, everything required for the processing of the case has to be ready for the person to be considered documentarily qualified. The medical is often the last item. It is not in the documentarily-qualified package, but it is assumed that if somebody submits all of the other required documentation, that they will proceed with the medical and have that at the time of their final interview. Only the amount of applicants that have been reported to our office as being documentarily qualified at the time of the upcoming month’s determination of the Final Action Dates and rank cut offs for DV, those are the only applicants considered for processing for that month.

Q: You previously mentioned that case processing will skyrocket, however, online stats are showing that the number of EB green card processing is still very slow. Do you know why? Are you still optimistic?

A: I am still optimistic that USCIS will maximize number use to the extent of their processing capacity. It is important to remember that there was an extremely large amount of filings in the month of October. Those filings and all subsequent filings must work their way through the process before they reach the final interview status, which would result in the use of a number.  Every effort is being made under the difficult conditions and staffing restraints to maximize number use. Given the fact that the 2021 employment limit is approximately 68% higher than usual, it is unrealistic to expect all of these numbers to be used.

Q: Why have we not received the May interview dates? When will May interviews begin and when will consular posts be at full capacity?

A: Most of the overseas appointments are scheduled for the family and employment categories are scheduled by the National Visa Centers. They must work through the cases once we have made the determination of the May dates and provided that to our National Visa Center. Only then can they begin to review the cases to determine which are eligible for scheduling the visa interview and then they must also work with the various posts to see what their processing capacity may be. That scheduling on the National Visa Center’s part has become much more difficult during this COVID-19 times when there is limited post processing capacity. On the travel.state.gov website, there is information on the types of visas that are being processed based on post capacities.

Q: Why is it so hard to release the bulletin the same day every month?

 A: Our attempt is to make the determination of each upcoming month’s Final Action Dates in the bulletin, on or about the 8th of the month, depending on how that date might fall in relation to a holiday or weekend. Once we have made the determination of the dates and prepared the Visa Bulletin, and another item, which is a cable to our overseas posts announcing not only the Final Action Dates but also other visa-related information. That information has to be cleared by a number of individuals which have extremely busy schedules with other items depending on the workload, it can take some time for the entire clearance process to be completed. Every attempt is always made to get the clearance out as fast as possible and the Visa Bulletin posted quickly. In recent months, the bulletin has been coming out earlier than it had been.

Q: What happens to last year’s FB 122,000 visas that are unused in the EB category due to processing delays?

A: The FY 2020 122,000 approximately unused family numbers were added to this year’s employment limit, resulting in an approximately 262,000 annual limit. If for some reason, all 262,00numbers are not used this year, then those numbers would fall back across for potential use during the determination of the FY2022 family-sponsored annual limit. Based on past experience, we do not believe that the unused fiscal 2021 employment numbers will make any difference in the annual limit for family going into 2022 and that the normal 226,000 would be applied.

Q: Do you expect any retrogression in the DV Visa Bulletin, if the documents processed by Kentucky Consular Center progress enough?

 A: We do not believe that will be the case at this time , based on the applicant response rate to date, which has been very low in most cases compared to previous years.  There is always a chance for a corrective action of some type, retrogression of a date or making a category unavailable if subsequent events make that necessary. At this point, we do not have any reason to believe there will be a need to reimpose any kind of rank cutoffs for the DV 2021 program.

Q: With interviews of family-based not happening at the posts, would family-based F3 retrogress?

A: No, none of the family dates will retrogress this fiscal year.

Q: Do we have any guidance from USCIS on how fast they are processing EB green cards given that there is a surplus of them in this fiscal year?

 A: The information that I have from USCIS offices is that they are aggressively processing all available cases. In terms of their processing issues, you can find that information on USCIS websites. They list information on processing times, etc.

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EB-5 Processing Issues During COVID-19

The American Immigration Lawyers Association (AILA) has a monthly check-in with Charlie Oppenheim, Chief of the Visa Control and Reporting Division at the Department of State. During the August exchange, Oppenheim addressed EB-5 processing issues during the COVID-19 pandemic. We have already seen long processing times, even as the Visa Bulletin advances for previously backlogged countries like India.

Documentarily Qualified Cases Held at NVC

Oppenheim mentioned that a large number of Mainland China-born EB-5 investors were “not documentarily qualified.” This means that EB-5 cases never left the National Visa Center (NVC) and forwarded to the Consulate because NVC checklists or fee payments are outstanding. It was also noted that as a result of the pandemic and the temporary suspension of routine visa services at embassies and consulates, NVC paused shipments of cases. NVC will resume shipments at the request of the embassies and consulates as they assess local conditions and capabilities.

Some EB-5 investors are asked to provide civil documents that were previously uploaded to ASK NVC. You may avoid duplicate requests by uploading all documentation to NVC Electronic at one time. New applications or document requests may occur if a case goes into termination, such as when filing dates retrogress. Documentarily complete cases should restore to that state when the date becomes current again.

NVC Questions

Documents are to be submitted only through the NVC electronic portal. The Ask NVC electronic form is still available to accept questions, but due to the COVID-19 pandemic a statement cautions that NVC is working with reduced staff and requests that only urgent medical or humanitarian inquiries or necessary case updates for pending cases be submitted. Individuals with general questions such as case status and document lists are directed to log in to the Consular Electronic Application Center.

NVC Timelines

Many EB-5 applicants have waited 4-5 months for fee bills to be issued. Please note that a fee bill will not be issued until the case is current. After the visa bulletin is updated each month, the fee bills will be sent within a few days to those with current priority dates. If you receive a notice that NVC has received your case, you should notify the office of any dependents using the NVC Public Inquiry Form. While the current Form I-526 has a place to list derivatives, many EB-5 applicants filed using an older version of the form, requiring those individuals to add on dependents at a later stage.

Do you have questions about the EB-5 program? Contact us at info@challalaw.com to explore how your investment could earn you and your family green cards in the U.S.!

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August 2020 EB-5 Investor Updates

EB-5 Investor Updates

Processing Delays: 56%-67% Increase in Estimated Timelines, but the Visa Bulletin for India is CURRENT!

In May 2020, the estimated processing time frame for Form I-526 was 29.5-44.5 months but we saw an increase in the upper limit in June: the estimated time was 29.5 to 61 months for adjudication. In July there was another huge jump, showing processing times to be between 46 to 74.5 months, only allowing for case inquiries for cases filed before June 9, 2014.

The lower limit estimated processing time increased 56%, while the upper limit increased over 67% between June and August.


It is unclear whether this delay is due to the shift away from the FIFO or first-in, first out processing approach taken in March of this year. The agency switched to a visa availability approach to consider I-526 petitions where visas are immediately available or will be available soon. Currently the per-country cap established by Congress limits individuals from a single country to receiving no more than 7 percent of an employment-based visa allocation (unless the numbers would otherwise go unused).

Recent Regional Center EB-5 Approval Received in 28 Months


Some have predicted that USCIS was receiving many case inquiries and decided to move the receipt date for a case inquiry backward to “catch up” on processing. We recently had an EB-5 approval in June for a case that was filed in February of 2018 for an Indian citizen. It is unlikely USCIS is actually processing cases from 2014.

Children Nearing the Age of 21?

The Child Status Protection Act went into effect in 2002, allowing certain applicants to maintain their age for immigration purposes. If a parent files in the EB-5 category, the child may be able to take advantage of the permanent residence application. For the EB-5 category, a child’s age “freezes” on the date that the I-526 is filed and then begins counting again after the approval.

Email us at info@challalaw.com to get started on your family’s immigration journey!

Checking Case Processing Times

To check current processing times, go to https://egov.uscis.gov/processing-times/

Click on the Form dropdown box to select I-526, Immigrant Petition by Alien Entrepreneur. On the Field Office or Service Center dropdown menu, select Immigrant Investor Program Office, then click the Get processing time button.

Scroll down to see the estimated time range, as well as the receipt date for a case inquiry.

Your receipt number and receipt and priority dates can be found on your I-797 receipt notice.

Checking Your Case Status

To check on the status of your case, go to: https://egov.uscis.gov/casestatus/landing.do and enter your receipt number. Click on the Check Status button.

Visa Bulletin Progress: India is Current

Despite the processing delays, we have seen significant progress in the EB-5 category. Applicants from China are still subject to a long wait, with the priority date stuck in August of 2015. Similarly, Vietnam shows a priority date of July 22, 2017. We are finally seeing the EB-5 priority date for India as current.

Contact us at info@challalaw.com to discuss how to start your EB-5 green card process today!

Presidential Proclamation Update

The president’s recent proclamation suspending immigration for 60 days applies to individuals outside of the U.S. who receive green card approvals after the effective date of April 23, 2020. However, due to the importance of continued investment and job creation, the EB-5 program is specifically excluded from this order. The order also does not apply to individuals adjusting status from within the U.S. For complete details and exemptions, read our recent post on the Challa Law Group website.

Additional COVID-19 UpdatesU.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and Application Support Centers (ASCs) to help slow the spread of Coronavirus Disease 2019 (COVID-19). USCIS offices are open, but some consulates and embassies are operating on limited basis as conditions necessitate. Emergency services can still be requested.

Review some of the recent COVID-19 updates for employers and foreign workers:

RESUMING SEPTEMBER 16, 2020: Join us on Wednesdays for a live webinar at 12 PM ET for critical immigration updates

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