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IMPACT – MEDIUM
What is the change? Wait times for visa appointments at U.S. consulates in India have improved significantly, as the peak application season has come to an end. Wait times for appointments for nonimmigrant visas, including B-1/B-2, H-1B and L-1 visas, currently range from two to 15 calendar days, depending on the consulate.
What does the change mean? Visa applicants may want to take advantage of the improved wait times and book appointments now. Applicants who have an appointment date may be able to reschedule to an earlier date, depending on their particular circumstance and location.
Background: Wait times remain in flux and are subject to change, but have improved significantly in recent weeks. The charts below highlight current wait times at U.S. consulates in India for nonimmigrant visas (excluding F student or J exchange-visitor visas) compared to the wait times on June 30, when a backlog had developed.
Oct. 24:
June 30:
The improvement is due at least in part to normal seasonal fluctuations, though the State Department also said it provided added temporary staff at the end of the peak summer season to help work through a backlog. Current wait times are available on this website.
BAL Analysis: The improved wait times are welcome news for visa applicants, and those in need of a visa may wish to apply now before wait times go up again. Those with an existing appointment date may wish to inquire at the particular India consular post where they are applying about moving up their appointment date.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
U.S. Customs and Border Protection has announced that beginning Nov. 29, Chinese nationals holding 10-year visitor visas will be required to enroll in the new Electronic Visa Update System before traveling to the United States. EVUS is expected to begin accepting enrollments by the end of October.
Key points:
BAL Analysis: Chinese nationals traveling to the U.S. on or after Nov. 29 must complete the EVUS enrollment requirement before traveling. The system is not yet accepting enrollments and is expected to be launched by the end of October. Once it is implemented, those with plans to travel to the U.S. on or after Nov. 29 should consider enrolling ahead of time in order to avoid possible travel delays. BAL will continue to follow the implementation of EVUS, and Customs and Border Protection has said it will update the EVUS website with the latest information.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
The deadline for applicants to register for the Diversity Visa 2018 program is approaching. The Diversity Visa program randomly selects 55,000 registrants from countries with historically low levels of immigration to the U.S., providing the opportunity to apply for a green card.
Key dates and details:
BAL Analysis: Applicants are advised to apply as early as possible and to avoid applying during the final week of registration, as heavy demand is likely to cause delays in the registration process.
Berry Appleman & Leiden LLP has submitted formal comments to U.S. Citizenship and Immigration Services regarding the proposed International Entrepreneur Rule.
With deep roots in Silicon Valley, BAL has had the privilege of working with thousands of start-up companies that were created and built by high-skilled foreign immigrants.The proposed rule, which was published in the Federal Register Aug. 31, would make it easier for certain foreign entrepreneurs to obtain temporary permission to be in the United States to start or grow a business. In its letter, BAL recognized that “the proposed regulation constitutes a major, positive development in U.S. immigration law,” and offered specific recommendations on how to improve the proposal, including:
Background: The International Entrepreneur Rule is part of President Barack Obama’s executive actions on immigration, which were outlined in November 2014. USCIS Director León Rodríguez has said the rule, when finalized, will help the economy by providing additional immigration options for foreign entrepreneurs who meet criteria for growth and job creation. BAL’s recommendations are aimed at helping the government encourage talented immigrant entrepreneurs to bring innovative business ideas to the U.S.
BAL Analysis: BAL encouraged the Department of Homeland Security, which oversees USCIS, to consider its recommendations for improvement and to finalize the proposed regulation as soon as possible. The full letter can be read here.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact your BAL attorney.
Copyright ©2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
U.S. Citizenship and Immigration Services (USCIS) has announced that in November it will accept employment-based adjustment-of-status applications based on the Visa Bulletin’s Dates for Filing chart.
Additional information: As in the Final Action Dates chart, all EB-1 categories will remain current. All EB-2 categories other than India and China will remain current as well.
Dates for Filing Employment-Based Adjustment of Status Applications
The Dates for Filing chart in the November Visa Bulletin will also be used for family-sponsored immigrants, but not for EB-5 filings, which will be controlled by the Final Action Dates chart.
Background: Since October 2015, the Visa Bulletin has included two separate cutoff dates for each backlogged preference category: (1) a cutoff date that identifies whether immigrant visas remain available for filing an application to adjust status with USCIS (Dates for Filing Visa Applications) or submitting paperwork to the National Visa Center for a consular application; and (2) a cutoff date that will control whether a visa number remains available for issuance so that USCIS or the State Department may approve an immigrant visa or application to adjust status (Application Final Action Dates). While USCIS will accept applications under the Dates for Filing cutoff dates in November, the agency is expected to use the Final Action cutoff dates for adjudication and approval of the adjustment-of-status applications.
BAL Analysis: The use of the Dates for Filing chart will benefit a number of applicants, particularly in the categories highlighted above, who will now be able to file applications for permanent residence sooner than would have been possible under the Final Action Dates chart. While USCIS will still adjudicate and approve applications under the Final Action dates, the allowance of the Dates for Filing chart will permit a higher number of applicants to file adjustment-of-status applications and obtain an employment authorization document (EAD) and advance parole (AP) for themselves and their family members.
The Labor Department has posted processing times as of Oct. 1 for prevailing wage determination (PWD) requests.
The Labor Department reports PERM and prevailing wage determination processing time frames on its iCERT web page.
BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in July 2016 or earlier and awaiting prevailing wage determinations for requests filed in June 2016.
Priority cutoff dates for the India EB-2 and China EB-2 categories will advance significantly, according to the State Department’s November Visa Bulletin. EB-3 categories will advance more modestly.
Key Advancements:
Additional notes: All EB-1 categories will remain current. All EB-2 categories other than India and China will also remain current.
Application Final Action Dates for Employment-Based Preference Cases:
The State Department also released its Dates for Filing chart for November 2016. Applicants seeking to file for adjustment of status are reminded that the Dates for Filing chart does not take effect unless USCIS confirms it via a web posting in the next week or so. BAL will update clients once the State Department confirms whether the Dates for Filing chart can be used in November.
The Labor Department has posted processing times as of Oct. 1 for permanent labor certification (PERM) applications.
BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in July 2016 or earlier and awaiting prevailing wage determinations for requests filed in May 2016.
U.S. Citizenship and Immigration Services has closed offices in Florida and South Carolina due to Hurricane Matthew.
The powerful storm was approaching the U.S. coast Thursday afternoon, and USCIS offices that are closed today are expected to remain closed Friday.
Visa applicants with appointments at offices that are closed are reminded that some appointments are automatically rescheduled, while applicants must take action to reschedule others.
Generally, appointments for interviews and for biometrics are automatically rescheduled, but applicants scheduled for InfoPass or other appointments must reschedule on their own. Information about how to reschedule appointments is available on this USCIS website.
Application Support Centers that are closed will take walk-ins when they reopen, but applicants should expect longer lines.
BAL Analysis: Clients in affected areas should monitor the USCIS website for updated information about office closures. Those needing to reschedule an appointment can contact BAL if they require assistance.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact your BAL attorney. Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
Online registration has opened for the 2018 Diversity Immigrant Visa Program.
The program provides 50,000 immigrant visas (green cards) to people from countries with historically low levels of immigration to the United States. Applicants must meet eligibility requirements and are selected through a randomized computer drawing.
Background: Applicants must be born in an eligible country, with certain exceptions available for applicants whose spouse or parents were born in an eligible country even if they were not. Applicants must also meet educational or work requirements. Those requirements include having obtained a high school education (or the equivalent) or having worked in two of the past five years in a qualifying occupation.
Each individual may only submit one entry; those who submit more than one entry will be disqualified.
Lottery winners will be selected at random next year. Applicants will be given a confirmation number they can use to check whether they have been selected beginning May 2, 2017.
BAL Analysis: Those interested in entering the lottery should review the State Department’s Diversity Visa Instructions page. Applicants are reminded not to wait until the end of the application period to submit their entry forms.