Articles Posted in Adjustment of Status

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As of January 2017, USICS requires supplemental information for certain employment-based Form I-485 Application for Adjustment of Status applicants. For this purpose, USCIS introduced a new form, the I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability.

Who Has to File the J Supplement?

Applicants filing adjustment of status applications based upon a separately filed, pending or approved, I-140 immigrant petition must submit Supplement J with the Form I-485. Persons filing Forms I-140 and I-485 concurrently are not required to file the Supplement J. Persons filing Form I-485 based upon a national interest waiver (NIW) Form I-140 and in the first preference (EB1) extraordinary ability category also do not need to file Supplement J.

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The visa bulletin is out at this link: December 2017 Visa Bulletin

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (November 1, 2008) and China (July 1, 2013); EB-3 is current for all countries except India (October 15, 2006), China (March 8, 2014), and the Philippines (January 15, 2016); EB-3 other workers is current for all countries except India (October 15, 2006), China (July 1, 2006), and the Philippines (January 15, 2016); EB-4 and religious workers are current for all countries except El Salvador, Guatemala, and Honduras (November 8, 2015) and Mexico (April 22, 2016); EB-5 non-regional and regional centers are current for all countries except China (July 15, 2014). Family based petitions are backlogged, with the most recent date at December 22, 2015 for F2A (spouses and children under 21 of lawful permanent residents), and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) is August 1, 1994.

For the Date for Filing, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (February 8, 2009) and China (November 15, 2013); EB-3 is current for all countries except India (January 1, 2008), China (September 1, 2015), and the Philippines (August 1, 2016); EB-3 other workers is current for all countries except India (January 1, 2008), China (June 1, 2008), and the Philippines (August 1, 2016); EB-4 and religious workers are current for all countries except for El Salvador, Guatemala, and Honduras (April 15, 2016); and EB-5 non-regional centers and regional centers are current for all countries except China (October 1, 2014).  Family based petitions are backlogged, with the most recent date at November 1, 2016 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of March 1, 1995.

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U.S. Citizenship and Immigration Services (USCIS) announced that they would expand in-person interviews for applicants for adjustment of status to permanent residence for all applications based upon employment and refugee/asylee relative petitions.  In-person interviews have seldom been required for these categories.

Under the new policy, all employment-based applications for permanent residence filed after March 6, 2017 will be required to undergo an in-person interview.  Applications filed prior to March 6 will be subject to in-person interviews under exceptional circumstances, amounting to between 5% and 10% of applications filed.

It is unclear how USCIS will accommodate the added workload, and slower processing times are a likely consequence, but USCIS states it will prioritize employment-based interviews with the goal of allocating all available visas authorized for each fiscal year.  Although interviewing officers have been instructed to not re-adjudicate the underlying approved I-140 Petition for Immigrant Worker, they have been instructed to evaluate whether documentation submitted in support of the I-140 is accurate, bona fide, and credible.  USCIS advises that interviewees should expect to be questioned regarding their admissibility and eligibility, including where they will work, what they are going to do, their educational background and experience, whether the employer still intends to employ the applicant, and whether the applicant still intends to take up employment.

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The visa bulletin is out at this link: November 2017 Visa Bulletin

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (October 8, 2008) and China (June 15, 2013); EB-3 is current for all countries except India (October 15, 2006), China (February 1, 2014), and the Philippines (January 15, 2016); EB-3 other workers is current for all countries except India (October 15, 2006), China (April 1, 2006), and the Philippines (January 15, 2016); EB-4 and religious workers are current for all countries except El Salvador, Guatemala, and Honduras (November 1, 2015) and Mexico (April 1, 2016); EB-5 non-regional and regional centers are current for all countries except China (July 1, 2014). Family based petitions are backlogged, with the most recent date at November 15, 2015 for F2A (spouses and children under 21 of lawful permanent residents), and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) is June 8, 1994.

For the Date for Filing, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (February 8, 2009) and China (November 15, 2013); EB-3 is current for all countries except India (January 1, 2008), China (September 1, 2015), and the Philippines (August 1, 2016); EB-3 other workers is current for all countries except India (January 1, 2008), China (June 1, 2008), and the Philippines (August 1, 2016); EB-4 and religious workers are all current except for El Salvador, Guatemala, and Honduras (April 15, 2016); and EB-5 non-regional centers and regional centers are current for all countries except China (October 1, 2014). Family based petitions are backlogged, with the most recent date at November 1, 2016 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of March 1, 1995.

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The U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants beginning on October 1, 2017.  This change will impact person with adjustment of status applications based on employment. The adjustment of status application is the final step in the green card process for eligible foreign nationals residing in the U.S.

Previously, persons with these types of applications were not required to appear for an in-person interview in order to have their applications adjudicated. According to USCIS, this change is in compliance with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and “is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.”

USCIS states they will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.

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The visa bulletin is out at this link: September 2017 Visa Bulletin

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries except China and India (January 1, 2012); EB-2 is at January 1, 2016 for all countries except India (August 22, 2008) and China (May 15, 2013); EB-3 is current for all countries except India (October 15, 2006), China (January 1, 2012), and the Philippines (November 1, 2015); EB-3 other workers is current for all countries except India (October 15, 2006), China (January 1, 2004), and the Philippines (November 1, 2015); EB-4 and religious workers are current for all countries except India, Mexico, El Salvador, Guatemala, and Honduras (October 22, 2015); EB-5 non-regional and regional centers are current for all countries except China (June 15, 2014). Family based petitions are backlogged, with the most recent date at October 1, 2015 for F2A (spouses and children under 21 of lawful permanent residents), and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) is June 1, 1994.

For the Date for Filing, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (February 1, 2009) and China (October 1, 2013); EB-3 is current for all countries except India (January 1, 2007), China (September 1, 2015), and the Philippines (January 1, 2016); EB-3 other workers is current for all countries except India (January 1, 2007), China (June 1, 2008), and the Philippines (January 1, 2016); EB-4 and religious workers are all current; and EB-5 non-regional centers and regional centers are current for all countries except China (September 1, 2014).  Family based petitions are backlogged, with the most recent date at April 8, 2016 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of February 8, 1995.

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June 2017 Department of State Visa Bulletin

The visa bulletin is out at this link: June 2017 Visa Bulletin

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries except China and India (January 1, 2012); EB-2 remains current for all countries except India (July 1, 2008) and China (March 1, 2013); EB-3 is at April 15, 2017 for all countries except India (May 15, 2005), China (October 1, 2014), and the Philippines (May 1, 2013); EB-3 other workers is at April 15, 2017 for all countries except India (May 15, 2005), China (July 15, 2006), and the Philippines (May 1, 2013); EB-4 and religious workers are current for all countries except Mexico, El Salvador, Guatemala, and Honduras (July 15, 2015); EB-5 non-regional and regional centers are current for all countries except China (June 8, 2014). Family based petitions are backlogged, with the most recent date at August 15, 2015 for F2A (spouses and children under 21 of lawful permanent residents), and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) November 22, 1993.

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The visa bulletin is out at this link: May 2017 Visa Bulletin

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 remains current for all countries except India (June 22, 2008) and China (February 8, 2013); EB-3 is at March 15, 2017 for all countries except India (March 25, 2005), China (October 1, 2014), and the Philippines (January 1, 2013); EB-3 other workers is at March 15, 2017 for all countries except India (March 25, 2005), China (March 8, 2006), and the Philippines (January 1, 2013); EB-4 is current for all countries except Mexico, El Salvador, Guatemala, and Honduras (July 15, 2015); religious workers’ numbers are unavailable; EB-5 non-regional centers are current for all countries except China (June 1, 2014); and EB-5 regional centers’ numbers are unavailable. Family based petitions are backlogged, with the most recent date at July 15, 2015 for F2A (spouses and children under 21 of lawful permanent residents), and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) October 15, 1993.

For the Date for Filing, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (February 1, 2009) and China (October 1, 2013); EB-3 is current for all countries except India (April 22, 2006), China (September 1, 2015), and the Philippines (July 1, 2014); EB-3 other workers is current for all countries except India (April 22, 2006), China (June 1, 2008), and the Philippines (July 1, 2014); EB-4 and religious workers are all current; and EB-5 non-regional centers and regional centers are current for all countries except China (September 1, 2014; both non-regional centers and regional centers). Family based petitions are backlogged, with the most recent date at April 8, 2016 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F3 Philippines (brothers and sisters of U.S. Citizens) of February 1, 1995.

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The visa bulletin is out at this link: April 2017 Visa Bulletin.

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 remains current for all countries except India (June 22, 2008) and China (January 15, 2013); EB-3 is at February 15, 2017 for all countries except India (March 24, 2005), China (August 15, 2014), and the Philippines (September 15, 2012); EB-3 other workers is at February 15, 2017 for all countries except India (March 24, 2005), China (March 1, 2006), and the Philippines (September 15, 2012); EB-4 is current for all countries except Mexico, El Salvador, Guatemala, and Honduras (July 15, 2015); religious workers are all current except Mexico, El Salvador, Guatemala, and Honduras (July 15, 2015); EB-5 non-regional and regional centers are current for all countries except China (May 22, 2014).  Family based petitions are backlogged, with the most recent date at June 8, 2015 for F2A (spouses and children under 21 of lawful permanent residents), and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) September 8, 1993.

For the Date for Filing, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (April 22, 2009) and China (March 1, 2013); EB-3 is current for all countries except India (July 1, 2005), China (May 1, 2014), and the Philippines (September 1, 2013); EB-3 other workers is current for all countries except India (July 1, 2005), China (August 1, 2009), and the Philippines (September 1, 2013); EB-4 and religious workers are all current; and EB-5 non-regional centers and regional centers  are current for all countries except China (June 15, 2014).  Family based petitions are backlogged, with the most recent date at November 22, 2015 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of April 1, 1994.

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The visa bulletin is out at this link: November 2016 Visa Bulletin.

For the Application Final Action Dates, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 remains current for all countries except India (November 1, 2007) and China (July 15, 2012); EB-3 is at July 1, 2016 for all countries except India (March 8, 2005), China (April 15, 2013), and the Philippines (April 1, 2011); EB-3 other workers is at July 1, 2016 for all countries except India (March 8, 2005), China (September 1, 2005), and the Philippines (April 1, 2011); EB-4 is current for all countries except El Salvador, Guatemala, and Honduras (July 15, 2015); religious workers are all current except El Salvador, Guatemala, and Honduras (July 15, 2015); EB-5 non-regional and regional centers are current for all countries except China (March 8, 2014). Family based petitions are backlogged, with the most recent date at January 22, 2015 for F2A (spouses and children under 21 of lawful permanent residents), and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) May 8, 1993.

For the Date for Filing, employment-based categories are as follows: EB-1 remains current for all countries; EB-2 is current for all countries except India (April 22, 2009) and China (March 1, 2013); EB-3 is current for all countries except India (July 1, 2005), China (May 1, 2014), and the Philippines (September 1, 2013); EB-3 other workers is current for all countries except India (July 1, 2005), China (August 1, 2009), and the Philippines (September 1, 2013); EB-4 and religious workers are all current; and EB-5 non-regional centers and regional centers are current for all countries except China (June 15, 2014). Family based petitions are backlogged, with the most recent date at November 22, 2015 for F2A (spouses and children under 21 of lawful permanent residents) and the longest queue for F4 Philippines (brothers and sisters of U.S. Citizens) of April 1, 1994.