AOS Filing Chart 11/18

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will state whether you may use the Dates for Filing Visa Applications.

Otherwise, they will indicate that you must use the Application Final Action Dates to determine when you may file your adjustment of status application.

See the following link here for the month of November 2018:

https://www.uscis.gov/visabulletininfo

Visa Bulletin 11/18

The Visa Bulletin provides updated priority date information for family-based and

employment-based green cards.

Immigrants to the US are classified into two categories – those requiring placement on a waiting list and those not through their

relationship to a US immediate relative.

Further, there are numerical quotas on the green cards that require a priority date. If the number of applicants in a year is over the available visa numbers, those applicants are placed on a waiting list and are given a priority date, which estimates when an applicant would get a visa based on the number of previous applicants on the waiting list. Below are preference category information and visa allocations.

FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Below is the link for the Visa Bulletin for November 2018.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-November-2018.html

For more information, contact ALO at 978-905-9992.

Immigration Services for Typhoon Victims

USCIS offers immigration services that may help people affected by unforeseen circumstances, including the Super Typhoon Yutu in the Commonwealth of the Northern Mariana Islands (CNMI).

The following services may be available on a discretionary basis, only upon request. These services may include changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States; expedited processing of advance parole requests; expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; expedited adjudication of employment authorization applications, where appropriate; and rescheduling interviews or biometrics appointments with USCIS.

USCIS Consolidates Website

U.S. Citizenship and Immigration Services (USCIS) announced that it has consolidated the data pages on its website into one page. The new Immigration and Citizenship Data page makes information more easily accessible to users.

This new and improved data page on our agency website is another step we’ve taken to modernize the information sharing process, provide transparency, and shed additional light on the USCIS mission,” said USCIS Director L. Francis Cissna. “The extensive amount of data we post online is widely searched and accessed by a wide range of visitors, including policy makers, academics, the stakeholder community, and the public. This latest advancement will help ensure users can access data with greater ease, and it will help foster a more informed and accurate understanding of our complex immigration system.

DHS Statement on Asylum Rule

DHS has released the following relating to the recent presidential rule on asylum claims:

President Trump is using the authority granted to him by the Immigration and Nationality Act to manage and protect the integrity of our immigration system and our national sovereignty. Section 212(f) of the Immigration and Nationality Act states plainly: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.” Section 215(a) of the Immigration and Nationality Act similarly states: “Unless otherwise ordered by the President, it shall be unlawful for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”

For more information, visit the DHS webpage here: https://www.dhs.gov/news/2018/11/09/dhs-myth-vs-fact-asylum-proclamation-and-rule

DHS FAQs on Asylum Proclamation

DHS has released the following regarding the recent asylum proclamation and rule:

President Trump is using the authority granted to him by the Immigration and Nationality Act to manage and protect the integrity of our immigration system and our national sovereignty. Section 212(f) of the Immigration and Nationality Act states plainly: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.” Section 215(a) of the Immigration and Nationality Act similarly states: “Unless otherwise ordered by the President, it shall be unlawful for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”

For more information, see the US Department of Homeland Security’s webpage here: https://www.dhs.gov/news/2018/11/09/dhs-myth-vs-fact-asylum-proclamation-and-rule

USCIS Notice to Appear Policy

Starting Nov. 19, 2018, USCIS may issue NTAs as described below based on denials ofcertain visa applications.

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.

AOS Filing Chart 11/18

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will state whether you may use the Dates for Filing Visa Applications.

Otherwise, they will indicate that you must use the Application Final Action Dates to determine when you may file your adjustment of status application.

See the following link here for the month of November 2018:

https://www.uscis.gov/visabulletininfo

Visa Bulletin 11/18

The Visa Bulletin provides updated priority date information for family-based and

employment-based green cards.

Immigrants to the US are classified into two categories – those requiring placement on a waiting list and those not through their

relationship to a US immediate relative.

Further, there are numerical quotas on the green cards that require a priority date. If the number of applicants in a year is over the available visa numbers, those applicants are placed on a waiting list and are given a priority date, which estimates when an applicant would get a visa based on the number of previous applicants on the waiting list. Below are preference category information and visa allocations.

FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Below is the link for the Visa Bulletin for November 2018.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-November-2018.html

For more information, contact ALO at 978-905-9992.