visa bulletin

Anyone waiting in the line to adjust their status to that of a Permanent resident has clearly felt the effects of a broken immigration system.  Many applicants have been forced again to start the year off  with a foot in the past due to the lack of movement in the January 2009 Visa Bulletin . Many pending applicants and hopefuls wanting to permanent residence, are stuck in a backlog that may take years to overcome.  Those aliens waiting in the second and third preference categories from China and India have the worst deal yet.   

Many supporters of president-elect Obama are hoping for some type of Immigration Reform legislation in 2009.  Many politicians are aware of the long lines and hold-ups involved in the immigration problem however nothing has been done to solve this problem. One thing for sure is the need for immediate action to provide adequate medical care. Such relief can be found in nurses and other health care professionals who are also stuck in a four year retrogression of visa numbers.

So what can be done to avoid the uncertainty and slothful movement of employment-based priority dates?  Applicants could always consider the EB-5 category for immigrant investors. Annual allocation of visas in the EB-5 category is 10,000, not less than 3,000 of which are reserved for investors in so-called Targeted Employment Area’s and 3,000 reserved for investors in USCIS designated Regional Center’s (“RC’s).  There is no current backlog in the EB-5 category, nor has there ever been. For more information on how you may qualify in the EB-5 Category contact our office. 

Many immigrant visa applicants often find themselves unsure of what will come next at the end of their immigration process. The Department of State has taken time to clarify the procedures following the Adjustment of Status. Once a case has been finalized, the Officer will submit a request for visa authorization to the Visa Office using the IVAMSWEB automated system.

With this program the system is able to verify,  that the applicant’s priority date is within the applicable cut-off date for that month. When this request  has been made three outcomes can occur: 1) it is Authorized,2) it is identified as a “Duplicate” request, meaning that the A-number was previously authorized, or 3) it is beyond the established cut-off date and is placed in the “Pending Demand” file.

The U.S. Department of State (DOS) released the November 2008 Visa Bulletin on October 14, 2008. Visa dates are announced by the DOS every month. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  Should it become necessary during the monthly allocation process to immediately retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.

Slight movements in both the EB-2 and EB-3 Categories however most advancements vary by as little as 3 or 4 months. Unfortunately if you are categorized as an other worker visa numbers have only moved forward by a mere two weeks.

Make sure to stop by our website for the latest updates and information on the DOS Visa Bulletins. Pursuant to INA § 245(a)(3), aliens with priority dates prior to the cut-off dates shown on the Visa Bulletin will be eligible to file adjustment of status (green card) applications during the month of November 2008.

Many persons have been reporting difficulties in obtaining information regarding their pending I-765 applications (EAD). Unfortunately, due to last years mayhem with the announcement of the July 2007 Visa Bulletin, many applicants are seeing long delays before they get their employment authorization cards.

Pursuant to 8 CFR § 274a.13, USCIS must adjudicate EAD applications within 90 days from the date of USCIS receipt of the application. This however has not been the case as the Nebraska Service Center is only reporting processing times current as of March 2008. That’s almost 6 months (180 days) delay outside of standard processing for these typed of petitions.

The CIS Ombudsman has been receiving numerous inquiries from customers about EAD applications pending more than 90 days. In order to address these concerns the Ombudsman has released the below information to help those in need of the EAD

Step 1- Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative, Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a “service request.” You should receive a response to your service request within a week. Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.

Step 2- if you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office

Step 3- If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please include the date and time of your call to the NCSC and the name of the customer service representative.

The U.S. State Department released the August 2008 Visa Bulletin on July 11, 2008. Visa Dates are announced by the U.S. Department of State every month. The EB-2 Categories for China and India have advanced over two years to June 1, 2006. EB-3 category continues to remain UNAVAILABLE and will remain that way until FY 2009 (October 1, 2008). For more information on this and other news be sure to subscribe to our newsletter at GLC Newsletter . Pursuant to INA § 245(a)(3), aliens with priority dates prior to the cut-off dates shown on the Visa Bulletin will be eligible to file adjustment of status applications during the month of August 2008. We at GLC post these dates for your convenience on our website under Visa Bulletin as soon as they become available from U.S. Department of State.