DOS released a cable summarizing USCIS’s July 21, 2015, policy guidance on Matter of Simeio Solutions, LLC, which held that an H-1B petitioner must file an amended or new H-1B petition when a new labor condition application (LCA) is required because of a change in the place of employment. The cable explains when an amended or new petition is and is not required, and also provides guidelines for consular officers regarding Simeio’s implementation.
L-1 and H-1B Supplemental Fee Increases
As a result of the FY2016 omnibus appropriations bill passed on December 18, 2015, the supplemental fees for L-1 and H-1B petitions are increasing for companies that employ 50 or more employees in the United States and have more than 50 percent of their U.S. workforce in H-1B, L-1A, or L-1B nonimmigrant status. Specifically, the previously expired fees for L-1 petitions will increase from $2,250 to $4,500, and the fees for H-1B petitions will increase from $2,000 to $4,000. These supplemental fees must be paid on initial and extension petitions
Expansion of H-2A & H-2B Programs
USCIS and DHS, in consultation with DOS, have added 16 countries (Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, and Timor-Leste) to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for 2016. The notice listing the eligible countries was published in the Federal Register today. In addition, Moldova will no longer be designated as an eligible country to participate in the H-2B program. The notice takes effect on January 18, 2016.
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When to File Your Adjustment of Status Application for Family-Based or Employment-Based Preference Visas
When to File Your Adjustment of Status Application for Family-Based or Employment-Based Preference Visas
Visa Bulletin content has changed. Learn more by reading USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process. If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status. This page will help you determine when to file your adjustment of status application.
When to File
Use the Visa Bulletin charts below to determine when to file your adjustment of status application.
To use the charts:
- Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based).
- Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).
- If the date on the chart is current (“C”) or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.
Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.
Note: The Department of State (DOS) normally posts the new Visa Bulletin the second week of the month before it will take effect. The DOS Visa Bulletin is the official source of these charts. For ease of reference, below is the current chart (posted within two days of DOS’ new Visa Bulletin).
October 2015
Dates for Filing Family-Sponsored Adjustment of Status Applications
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA – mainland born | INDIA | MEXICO | PHILIPPINES |
|---|---|---|---|---|---|
| F1 | 01MAY09 | 01MAY09 | 01MAY09 | 01JUL95 | 01SEP05 |
| F2A | 01MAR15 | 01MAR15 | 01MAR15 | 01MAR15 | 01MAR15 |
| F2B | 01JUL10 | 01JUL10 | 01JUL10 | 01JAN96 | 01JAN05 |
| F3 | 01APR05 | 01APR05 | 01APR05 | 01OCT96 | 01AUG95 |
| F4 | 01FEB04 | 01FEB04 | 01FEB04 | 01MAY98 | 01JAN93 |
Dates for Filing Employment-Based Adjustment of Status Applications
| Employment-Based | All Chargeability Areas Except Those Listed | CHINA – mainland born | INDIA | MEXICO | PHILIPPINES |
|---|---|---|---|---|---|
| 1st | C | C | C | C | C |
| 2nd | C | 01MAY14 | 01JUL11 | C | C |
| 3rd | 01SEP15 | 01OCT13 | 01JUL05 | 01SEP15 | 01JAN15 |
| Other Workers | 01SEP15 | 01JAN07 | 01JUL05 | 01SEP15 | 01JAN15 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th Targeted Employment Areas/Regional Centers and Pilot Programs | C | 01MAY15 | C | C | C |
About the Visa Bulletin
DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date.
On Nov. 20, 2014, the Secretary of Homeland Security directed USCIS to work with DOS to:
- Ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas, and
- Improve the Visa Bulletin system for determining when immigrant visas are available to applicants during the fiscal year.
Additionally, in July 2015, the Administration issued its report on Modernizing and Streamlining Our Legal Immigration System for the 21st Century. This report included detailed recommendations to revise and update the monthly Visa Bulletin to better estimate immigrant visa availabilty and provide needed predicability to nonimmigrant workers seeking permanent residency.
USCIS, in coordination with DOS, revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.
This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand in determining the cut-off dates for the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates. Additional goals are outlined in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st Century.
New Visa Bulletin Charts
The Visa Bulletin will now have two different charts because of the revised procedures. DOS will post two charts per visa preference category in the DOS Visa Bulletin. The charts are:
- Application Final Action Dates (dates when visas may finally be issued); and
- Dates for Filing Applications (earliest dates when applicants may be able to apply).
When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS.
In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File.
Determining Visa Availability
USCIS considers several factors to determine if there is a greater supply of visas than the demand for those visas. To determine visa availability, USCIS will compare the number of visas available for the remainder of the fiscal year with:
- Documentarily qualified visa applications reported by DOS;
- Pending adjustment of status applications reported by USCIS; and
- Historical drop off rate of applicants for adjustment of status (for example, denials, withdrawals and abandonments).
Thomas J. Geygan, Jr.
Tom is the owner of Geygan & Geygan, Ltd. and has been practicing law since 1998. He has a general practice, but likes to focus on immigration. He can be reached at 513-791-1673 or email at ThomasJr@geygan.com
Big Changes to Permanent Residence Application Process
USCIS announced today that, in conjunction with the Department of State (DOS), it is revising the procedures for determining when an application for adjustment of status may be filed, thus implementing part of President Obama’s November 2014 executive actions on immigration. Starting with the Visa Bulletin for October 2015, there are two important dates listed on the monthly Visa Bulletin: the “filing date,” which determines when individuals can submit their permanent residence applications, and the “final action” date, which indicates when DOS or USCIS can make a decision on the applications.
- Now there are two important dates listed on the monthly Visa Bulletin: the “filing date,” which determines when individuals can submit their permanent residence applications, and the “final action” date, which determines when the Department of State or USCIS can make a decision on the applications.
- If the immigrant has a “priority date” earlier than the listed “filing date” for their particular visa category and country, they will be able to file their applications for permanent residence earlier than they would have been allowed under the old process. However, they will still have to wait for the “final action” date to become current before permanent residence can be approved.
- For people who are in the United States stuck in the long visa backlogs, this means they will be able to receive employment authorization and travel documents while they await final action on their cases.
- Though most individuals stuck in the employment-based backlogs already have employment authorization through an existing temporary visa, this procedural change will give them greater flexibility and job mobility while allowing them to maintain their status.
- Individuals stuck in the family-based backlogs will be able to seek employment while waiting their final determination, bringing more economic stability to these families-though in most cases it will only reduce their wait for employment authorization by a matter of a few months or a year.
Thomas J. Geygan, Jr.
Tom is the owner of Geygan & Geygan, Ltd. and has been practicing law since 1998. He likes to focus on immigration. He can be reached at 513-791-1673 or email at ThomasJr@geygan.com