VISA BULLETIN FOR JULY 2015 UPDATE

LAW OFFICES OF NORKA M. SCHELL'S BLOG

11 Broadway, Suite 615

New York, New York 10004

Tel. (212)564-1589

Website: www.lawschell.com

The following is the summary of the visas numbers available for July 2015. 

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.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.) 

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01OCT07	01OCT07	01OCT07	15NOV94	15MAR00
F2A	08NOV13	08NOV13	08NOV13	15SEP13	08NOV13
F2B	15OCT08	15OCT08	15OCT08	08APR95	15MAY04
F3	15MAR04	15MAR04	15MAR04	22APR94	22AUG93
F4	22OCT02	22OCT02	22OCT02	01MAR97	08DEC91

NOTE:  For July, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15SEP13.  F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15SEP13 and earlier than 08NOV13.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.) 

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

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.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.) 

Employment- Based	All Chargeability Areas Except Those Listed	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01OCT13	01OCT08	C	C
3rd	01APR15	01SEP11	01FEB04	01APR15	U
Other Workers	01APR15	01JAN06	01FEB04	01APR15	U
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	01SEP13	C	C	C

U.S. Department of State June 9, 2015

SCIALABBA v. CUELLAR de OSORIO

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SCIALABBA, ACTING DIRECTOR, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al. v. CUELLAR de OSORIO et al.

certiorari to the united states court of appeals for the ninth circuit

No. 12-930. Argued December 10, 2013--Decided June 9, 2014

The Immigration and Nationality Act permits qualifying U. S. citizens and lawful permanent residents (LPRs) to petition for certain family members to obtain immigrant visas. A sponsored individual, known as the principal beneficiary, is placed into a “family preference” category based on his relationship with the petitioner. 8 U. S. C. §§1153(a)(1)–(4). The principal beneficiary’s spouse and minor children in turn qualify as derivative beneficiaries, “entitled to the same status” and “order of consideration” as the principal. §1153(d). The beneficiaries then become eligible to apply for visas in order of “priority date”—that is, the date a petition was filed. §1153(e)(1). Because the immigration process often takes years or decades to complete, a child seeking to immigrate may “age out”—i.e., reach adulthood and lose her immigration status—before she reaches the front of the visa queue. The Child Status Protection Act (CSPA) sets forth a remedy in that circumstance, providing that “[i]f the age of an alien is determined . . . to be 21 years of age or older,” notwithstanding certain allowances for bureaucratic delay, §§1153(h)(1)–(2), “the alien’s petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.” §1153(h)(3).

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: JUNE 2015 VISA BULLETIN UPDATES

Visa Availability & Priority Dates

The Immigration and Nationality Act (INA) sets the number of immigrant visas that may be issued to individuals seeking permanent resident status (a green card) each year.

Immigrant visas available to “immediate relatives” of U.S. citizens are unlimited, so are always available.  Immediate relatives include, parents of a U.S. citizen, spouses of a U.S. citizen and, unmarried children under the age of 21 of a U.S. citizen. 

Immigrant visa numbers for individuals in a “preference category” are limited, so are not always available.  For more information on both family-based and employment-based preference categories, please see the “Green Card Eligibility” page.

The U.S. Department of State is the agency that distributes visa numbers. Family sponsored preference categories are limited to a minimum of 226,000 per year and employment based preference visas are limited to a minimum of 140,000 per year.  In addition, there are limits to the percentage of visas that can be allotted to each country.

Because the demand is higher than the supply of visas for a given year for some categories, a visa queue (waiting list) forms. To distribute the visas among all preference categories, the Department of State gives out the visas by providing visa numbers according to the preference category and one’s priority date. The priority date (explained below) is used to determine an individual’s place in line in the visa queue.  When the priority date becomes current, the individual will be eligible to apply for an immigrant visa.

JUNE 2015 VISA BULLETIN UPDATES

LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615

New York, New York 10004

Tel. (212) 564-1589/(973)621-9300

Website: www.lawschell.com

Posted by: NYC Immigration Attorney Norka M. Schell

This is a summary of the U.S. Department of State Visa Bulletin which shows the availability of immigrant numbers during the June 2015.


 FAMILY-SPONSORED PREFERENCES                                         

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01SEP07	01SEP07	01SEP07	15NOV94	01MAR00
F2A	01OCT13	01OCT13	01OCT13	08AUG13	01OCT13
F2B	15SEP08	15SEP08	15SEP08	08APR95	01MAY04
F3	22FEB04	22FEB04	22FEB04	15APR94	15AUG93
F4	08SEP02	08SEP02	08SEP02	01MAR97	08NOV91

EMPLOYMENT-BASED PREFERENCES

Employment- Based	All Chargeability Areas Except Those Listed	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JUN13	01OCT08	C	C
3rd	15FEB15	01SEP11	22JAN04	15FEB15	01JAN05
Other Workers	15FEB15	01JAN06	22JAN04	15FEB15	01JAN05
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	01MAY13	C	C	C

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA WAIVER PROGRAM (VWP)

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA WAIVER PROGRAM (VWP): LAW OFFICES OF NORKA M. SCHELL, LLC BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: w...

VISA WAIVER PROGRAM (VWP)

LAW OFFICES OF NORKA M. SCHELL, LLC BLOG

11 Broadway, Suite 615

New York, NY 10004

Tel. (212)564-1589 / (973)621-9300

Website: www.lawschell.com

Citizen or National of a VISA WAIVER PROGRAM Designated Country* 

In order for a person to qualify for the Visa Waiver Program, he or she must be a citizen or national of VWP-participant country. 

The following 38 countries are Visa Waiver Program participants:

A Andorra Australia Austria

B Belgium Brunei

C Chile Czech Republic

D Denmark

E Estonia

F Finland France

G Germany Greece

H Hungary

I Iceland Ireland Italy

J Japan

L Latvia Liechtenstein Lithuania Luxembourg

M Malta Monaco

N Netherlands New Zealand Norway

P Portugal

S San Marino Singapore Slovakia Slovenia South Korea Spain Sweden Switzerland

T Taiwan

U United Kingdom

Each Traveler Must have authorization under ESTA

In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is the Department of Homeland Security (DHS), Customs and Border Protection's (CBP) automated web-based system to determine eligibility to travel without a visa to the United States for tourism or business. Visit the EATS webpage on the CBP website for more detailed information, to apply for ESTA, and pay the fee.

Travel Must be on an Approved Carrier

If arriving by air or sea, you must be arriving on an approved air or sea carrier. You must also have a round trip ticket indicating return passage to a country outside the United States.

Previous Compliance and No Prior Visa Ineligibilities

If you have had a U.S. visa before or previously traveled to the United States under the VWP or another status, you must have complied with the conditions of previous admissions to the United States, and you must not have previously been found ineligible for a U.S. visa.

Travelers should be aware that by requesting admission under the Visa Waiver Program, they are generally waiving their right to review or appeal a CBP officer’s decision as to their application for admission at the port of entry. See the CBP website for additional details.

Have the Correct Type of Passport

You must have a passport that is valid for at least 6 months after your planned departure from the United States (unless exempted by country-specific agreements). For families, each member of your family, including infants and children, must have his/her own passport. 

* Text was extracted from U.S. Department of State - Bureau of Consular Affairs.

For more information about the Visa Waiver Program, contact our office at (212)564-1589 or visit the Department of State - Bureau of Consular Affairs at website at www.travelstate.gov. 

AMERICA NEEDS A BETTER IMMIGRATION SYSTEM

LAW OFFICES OF NORKA M. SCHELL'S 

11 Broadway, Suite 615

New York, NY 10004

Tel. (212)564-1589/ (973)621-9300

Website: www.lawschell.com

Families are waiting years to reunite with loved ones. Business cannot hire the workers they need. And millions of families and workers have no way to legalize their status. 

America's legal immigration system must be reformed to meet the needs of our families and the economy. Congress must provide sufficient numbers of green cards and nonimmigrant visas for both employment-based and family based categories. Both categories are vital to our national interest, and slots in one category should not be cut to offset an increase in another category. 

Congress must legalize the status of those who are undocumented and give them an opportunity to apply for permanent residence, and ultimately citizenship if they choose. 

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: MAY 2015 VISA BULLETIN

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: MAY 2015 VISA BULLETIN: LAW OFFICES OF NORKA M. SCHELL'S BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel, (212)564-1589/ (973)621-9300 Website: www...

MAY 2015 VISA BULLETIN

LAW OFFICES OF NORKA M. SCHELL'S BLOG

11 Broadway, Suite 615

New York, NY 10004

Tel, (212)564-1589/ (973)621-9300
Website: www.lawschell.com  

                                                

The bulletin, extracted from U.S. Department of States, summarizes the availability of immigrant numbers during May 2015.


FAMILY-SPONSORED PREFERENCES

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	15AUG07	15AUG07	15AUG07	08NOV94	01FEB05
F2A	01SEP13	01SEP13	01SEP13	08AUG13	01SEP13
F2B	15SEP08	15SEP08	15SEP08	01APR95	22APR04
F3	22FEB04	22FEB04	22FEB04	15APR94	15AUG93
F4	01AUG02	01AUG02	01AUG02	15JUL97	22OCT91

EMPLOYMENT-BASED PREFERENCES

Employment- Based	All Chargeability Areas Except Those Listed	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JUN12	15APR08	C	C
3rd	01JAN15	01MAY11	15JAN04	01JAN15	01JUL07
Other Workers	01JAN15	15NOV05	15JAN04	01JAN15	01JUL07
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	01MAY13	C	C	C

TAX SEASON - BE CAREFUL OF IMMIGRATION SCAMS

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: TAX SEASON - BE CAREFUL OF IMMIGRATION SCAMS: From: U.S. Citizenship and Immigration Services [mailto:uscis@public.govdelivery.com]  To: Dear Stakeholder Monday, March 30, 2015 10:3...

TAX SEASON - BE CAREFUL OF IMMIGRATION SCAMS

From: U.S. Citizenship and Immigration Services [mailto:uscis@public.govdelivery.com] 

To: Dear Stakeholder

Monday, March 30, 2015 10:38 AM 

Subject: USCIS Message: Be Careful of Immigration Scams 

During Tax Season please help us spread this message in immigrant communities.This time of year, when you file your income tax returns before the April 15 federal deadline, U.S. Citizenship and Immigration Services (USCIS) urges you to be careful if a tax preparer offers to also help you prepare and file your immigration forms. 

Individuals and businesses that prepare tax returns may not be authorized to assist you with immigration services. 

The only people authorized to give you legal advice on immigration are licensed attorneys and representatives accredited by the Board of Immigration Appeals. Attorneys and accredited representatives are the only ones authorized to: 

• Explain which immigration options may be available to you; 
• Advise you about which forms to submit; and 
• Communicate with USCIS about your case. 

Visit uscis.gov/avoidscams or uscis.gov/eviteestafas to learn how to recognize and avoid immigration scams and find authorized legal services. 

If you believe you have been the victim of a scam involving a tax preparer, please report this scam to the Federal Trade Commission at ftccomplaintassistant.gov. 

Kind Regards, 

USCIS Public Engagement Division 

Please do not reply to this message. 

Contact us at Public.Engagement@uscis.dhs.gov or USCISIGAOutreach@uscis.dhs.gov with any questions. 

To learn more about the Public Engagement Division, visit us online at uscis.gov/outreach.

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ABT, et al., v. U.S. Citizenship and Immigration, ...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ABT, et al., v. U.S. Citizenship and Immigration, ...: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589/ (973)621-9300 Website: ...

ABT, et al., v. U.S. Citizenship and Immigration, Class Action Lawsuit Settlement

LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615

New York, New York 10004

Tel. (212)564-1589/ (973)621-9300

Website: www.lawschell.com

March 15, 2015

Posted by Norka M. Schell

As part of a settlement of the class action lawsuit, ABT, et al., v. U.S. Citizenship and Immigration Services, et al., 11-cv-02108 (W.D. Wash.), U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) have agreed to change certain procedures that will affect the eligibility of some asylum applicants for employment authorization documents (EAD). A full description of these changes can be found in the ABT Settlement Agreement www.uscis.gov