AOS Filing Chart 06/01

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 June 2019:

https://www.uscis.gov/visabulletininfo

Visa Bulletin 06/19

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 June 2019.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2019/visa-bulletin-for-June- 2019.html

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

Foreign Travel Advisories

The U.S. Department of State issues Travel Advisories for every country around the world, offering standardized levels of advice based on established risk indicators such as crime, terrorism, civil unrest, natural disasters, health, and other potential risks.  The Travel Advisories for 35 countries have been updated to include a “K” indicator for the risk of kidnapping and/or hostage taking:  Afghanistan, Algeria, Angola, Bangladesh, Burkina Faso, Cameroon, Central African Republic, Colombia, Democratic Republic of the Congo,  Ethiopia, Haiti, Iran, Iraq, Kenya, Lebanon, Libya, Malaysia, Mali, Mexico, Niger, Nigeria, Pakistan, Papua New Guinea, Philippines, Russian Federation, Somalia, South Sudan, Sudan, Syria, Trinidad and Tobago, Turkey, Uganda, Ukraine (in Russian-controlled eastern Ukraine), Venezuela, and Yemen.

TPS Sudan

USCIS has announced that current beneficiaries of Temporary Protected Status (TPS) under South Sudan’s designation who want to maintain their status through the 18-month extension period ending on Nov. 2, 2020, must re-register between April 5, 2019 and June 4, 2019. 

Re-registration procedures, including how to renew employment authorization documents (EADs), have been published in the Federal Register and are available at uscis.gov/tps. All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an EAD by submitting Form I-765, Application for Employment Authorization, when they file Form I-821 or separately at a later date. Like all USCIS forms, both forms are free for download from the USCIS website at uscis.gov/forms.

DHS/DOL Rule on Returning Workers

The Department of Homeland Security (DHS) and the Department of Labor (DOL) have published a joint rule making available an additional 30,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2019. These supplemental H-2B visas are available only to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years (FY 2016, 2017, or 2018), and availability is restricted by prioritizing only those businesses who would suffer irreparable harm without the additional workers.

Starting May 8, 2019, eligible petitioners can file Form I-129, Petition for a Nonimmigrant Worker, seeking these additional H-2B workers and must submit a supplemental attestation on Form ETA 9142-B-CAA-3 (PDF) with their petition. Details on eligibility and filing requirements are available in the final rule and on the Increase in H-2B Nonimmigrant Visas for FY 2019 page

Priority Date Info

Many of our clients have questions about their priority dates. If your Priority Date meets the most recent Cut-off Date (becomes current) and your petition is ready to begin processing at the NVC then you are ready for the next phase of your immigration processing. As your Priority Date gets closer to the Cut-off Date and is likely to be current soon, NVC will contact you to start processing. Learn more by reviewing the Visa Bulletin.

L1 Pilot Program Extended

USCIS and CBP are extending the joint agency program for applicants seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30, 2020.

Last year, the USCIS California Service Center and the CBP Blaine, Washington, port of entry (POE) announcedthis pilot program, which was scheduled to run from April 30, 2018, through Oct. 31, 2018, and was later extended for six months. This pilot program allows, but does not require, Canadian citizens to request that USCIS remotely adjudicate their petitioning employer’s Form I-129, Petition for a Nonimmigrant Worker, or Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, prior to their arrival or when they arrive at the Blaine POE. USCIS continues to encourage these Canadian citizens and their petitioning employers to email public.engagement@uscis.dhs.gov with feedback on their experience with the pilot program. Over the next year, USCIS and CBP will continue to work together to determine the efficiency of the program, identify shortcomings, and look for ways to improve it.

AOS Filing Chart 05/19

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 May 2019:

https://www.uscis.gov/visabulletininfo