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September 11, 2015

VISA BULLETIN FOR OCTOBER 2015

LAW OFFICES OF NORKA M. SCHELL'S BLOG

11 Broadway, Suite 615
New York, New York 10004
Tel. (212)564-1589 / (973)621-9300




A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers duringOctober for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. This bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas. Applicants for adjustment of status may refer to USCIS for additional information by visiting www.uscis.gov/visabulletininfo.
1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by September 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.
2.  Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: 
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.
A.  APPLICATION FINAL ACTION DATES FOR
     FAMILY-SPONSORED PREFERENCE CASES
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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE:  Numbers are authorized for issuance only for applicants whose priority date isearlier than the cut-off date listed below.) 
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F115JAN0815JAN08 15JAN0822NOV9401JUN01
F2A15APR1415APR1415APR1401MAR1415APR14
F2B15JAN0915JAN0915JAN0901AUG95 01OCT04
F322MAY0422MAY0422MAY0408JUN9401OCT93
F408FEB0308FEB0308FEB0322MAR9701MAY92
*NOTE:  For October, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01MAR14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAR14 and earlier than 15APR14. (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.) 
B.  DATES FOR FILING FAMILY-SPONSORED
     VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.
USCIS has determined that this chart may be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visitwww.USCIS.gov/visabulletininfo for additional information.
Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
F101MAY0901MAY0901MAY0901JUL9501SEP05
F2A01MAR1501MAR1501MAR1501MAR1501MAR15
F2B01JUL1001JUL1001JUL1001JAN9601JAN05
F301APR0501APR0501APR0501OCT9601AUG95
F401FEB0401FEB0401FEB0401MAY9801JAN93
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.
A.  APPLICATION FINAL ACTION DATES FOR
     EMPLOYMENT-BASED PREFERENCE CASES
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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlierthan the cut-off date listed below.)
Employment- Based
All Chargeability Areas Except Those Listed
CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01JAN1201MAY05CC
3rd15AUG1515OCT1108MAR0415AUG1501JAN07
Other Workers15AUG1501JAN0608MAR0415AUG1501JAN07
4thCCCCC
Certain Religious WorkersUUUUU
5th
Non-Regional
Center
(C5 and T5)
C08OCT13CCC
5th
Regional
Center
(I5 and R5)
UUUUU
*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
B.  DATES FOR FILING OF EMPLOYMENT-BASED
     VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a time frame justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.
USCIS has determined that this chart may be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visitwww.USCIS.gov/visabulletininfo for additional information.
Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01MAY1401JUL11CC
3rd01SEP1501OCT1301JUL0501SEP1501JAN15
Other Workers01SEP1501JAN0701JUL0501SEP1501JAN15
4thCCCCC
Certain Religious
Workers
CCCCC
5th Targeted
Employment Areas/
Regional Centers
and Pilot Programs
C01MAY15CCC
6.  The Department of State has a recorded message with the cut-off date information for Final Application Action which can be heard at:  (202) 485-7699.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.
* Information extracted from http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html


September 1, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: CONSULAR PROCESSING OR ADJUSTMENT OF STATUS

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: CONSULAR PROCESSING OR ADJUSTMENT OF STATUS: LAW OFFICES OF NORKA M. SCHELL, LLC BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel(s). (212)564-1589/ (973)621-0606 W...

CONSULAR PROCESSING OR ADJUSTMENT OF STATUS

LAW OFFICES OF NORKA M. SCHELL, LLC BLOG

11 Broadway, Suite 615
New York, New York 10004
Tel(s). (212)564-1589/ (973)621-0606

Website: www.lawschell.com 


Under the Immigration and Nationality Act (INA). there are two primary paths to the permanent resident status (a green card). There are known as ConsularProcessing and Adjustment of Status.  

To apply for an immigrant visa, an individual must first be sponsor by a a United States citizen relative, United States lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved petition.

Most immigrants becomes eligible for permanent residence (green card) through a petition filed on his or her behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or though a number of other special provisions.

A United States citizen can file an immigrant visa petition for: spouse; son or daughter; parent; and brother and sister. 

A Lawful Permanent Resident can file an immigrant visa petition for: spouse or unmarried son or daughter. 


CONSULAR PROCESSING
An  individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United Sates and be admitted as a permanent resident. This path is referred to as "consular processing."


ADJUSTMENT OF STATUS
An individual who is already in the United States (in lawful status), can apply for permanent resident status without having to return to his or her home country to complete processing. 

The individual along with his or her immigration lawyer must determine which specific immigrant category best fit to his or her qualifications and/or needs. 

For more information about Consular Processing and Adjustment of Status, please contact our office or visit our website. 



August 14, 2015

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

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

2015 SEPTEMBER BULLETIN VISA UPDATE


LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300



Here is a summary of the availability of immigrant visas during the September 2015 released by the U.S. Department of State.


FAMILY-SPONSORED PREFERENCES
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F115DEC0715DEC07 15DEC0715NOV9422OCT00
F2A01MAR1401MAR1401MAR1401FEB1401MAR14
F2B22DEC0822DEC0822DEC0815JUL95 08SEP04
F308MAY0408MAY0408MAY0422MAY9415SEP93
F415JAN0315JAN0315JAN0315MAR9701MAR92



EMPLOYMENT-BASED PREFERENCES

Employment- Based
All Chargeability Areas Except Those Listed
CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01JAN0601JAN06CC
3rd15AUG1522DEC0422DEC0415AUG1522DEC04
Other Workers15AUG1501JAN0422DEC0415AUG1522DEC04
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C22SEP13CCC
LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300


The U.S. District Court for the District of Colombia significantly curtailed        immigration benefits for foreign students in the United States on F-1 visas. In her opinion in the case Washington Alliance of Technology Workers vs. U.S. Department of Homeland Security, U.S. District Judge Ellen Segal Hovelled        invalidated USCIS’s 2008 17-month Optional Practical Training (OPT) extension rule. DHS argued that it had good cause to publish the regulation in 2008 as an emergency rule because thousands of highly skilled individual educated at U.S.
colleges and universities would otherwise have been forced to leave the U.S.  Judge Hovelled held that DHS failed to show it faced an emergency situation in 2008 that exempted it from carrying out the notice and comment requirement, 
thus making DHS’ rule invalid.

Judge Hovelled stayed her decision until February 12, 2016 because the “immediate vacatur of the 2008 Rule would be seriously disruptive” and “would force ‘thousands of foreign students with work authorizations . . . to scramble to depart the United States.’” 

Unless DHS passes a new rule this decision will adversely affect three key areas of business immigration:

1.  F-1 STEM work authorizations will stop being valid on February 12, 2016. This will affect both F-1 students who currently hold STEM OPT as well as individuals who would be eligible for STEM OPT as of February 12, 2016.
2.  H-1B/F-1 cap gap will no longer be automatic.  DHS will have to formally announce that the H-1B cap is met and then publish a notice in the federal register. This will result in uncertainty for both employers and F-1 students, as “cap Gap” protections will no longer be automatic but will instead depend on affirmative action by DHS.

3.  F-1 students will only be permitted to apply for work authorization while still in school; post- graduation applications will be no longer available.

The litigation continues and hopefully, STEM OPT will not be interrupted. 

August 8, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM

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

SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM

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


Release Date: August 6, 2015 
For Immediate Release
DHS Press Office
Statement by Secretary Jehn C. Johnson on Intention to Implement Security Enhancements to the Visa Waiver Program
As I have said a number of times now, the current global threat environment requires that we know more about those who travel to the United States. This includes those from countries for which we do not require a visa. Additionally, United Nations Security Council Resolution 2178, adopted last September with our strong support, urges member nations to do more to address the growing threat of foreign terrorist fighters.
Today the U.S. government is taking a significant step toward these objectives.
Our Visa Waiver Program is a valuable program for lawful trade and travel with this Nation’s most trusted partners. Currently, there are 38 participants in the Program. There is more we can do to enhance the security of this valuable program.
Today I announce that the Department of Homeland Security and the Department of State, along with certain other federal agencies, will begin introducing a number of additional or revised security criteria for all participants in the Visa Waiver Program. These criteria will apply to both new and current members of the Program, and current Program members are being consulted about these changes.  
Most significant among the new security requirements: 
  • Required use of e-passports for all Visa Waiver Program travelers coming to the United States,
  • Required use of the INTERPOL Lost and Stolen Passport Database to screen travelers crossing a Visa Waiver country’s borders,
  • Permission for the expanded use of U.S. federal air marshals on international flights from Visa Waiver countries to the United States.
These security enhancements build on changes we made last fall, when we added additional data fields of information in the application (known as the Electronic System for Travel Authorization, or “ESTA”) of those seeking to travel to the United States with Visa Waiver passports.
The security enhancements we announce today are part of this Department’s continuing assessments of our homeland security in the face of evolving threats and challenges, and our determination to stay one step ahead of those threats and challenges. And, it is our considered judgment that the security enhancements we announce today will not hinder lawful trade and travel with our partners in the Visa Waiver Program. These measures will enhance security for all concerned.

July 31, 2015

ADEMO v. LYNCH



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 



A person who is granted asylum (often called an "asylee") has the immediate legal right to live and work in the United States.

While asylum is a relative secure immigration status to have in the United State, there are certain limitation and responsibilities which come with the status. 

Some asylees who who are applying fro a green card will have to submit additional paperwork along with their applications, for example, if an asylee has been convicted of certain crimes, or was forced to make misrepresentation in an initial visa application in order to escape persecution, that person must apply for a "waiver of inadmissibility" to qualify for lawful permanent resident status. Certain crimes and misrepresentation can legally bar a person from obtaining lawful permanent status, and in some instances can lead to revocation of a person's asylum status.  This is what happened to Mr. Ademo. 

Mr. Ademo travel from Etiopia, and entered the U.S. in 2002. He carried a valid Ehiopian passport and non-immigrant visitor's visa issued under the name of Hiko. Shortly thereafter, he sought asylum. He asserted that the Ehiopian government persecuted him on account of his political opinion, and that he had a well-founded fear of persecution if he were returned. Mr. Ademo claimed that he was detained and beaten because of his membership in ithe Oromo ethnic group and in retaliation for his support of an organization called the Oromo Liberation Front. Mr. Ademo admitted that he traveled under a false name and the Immigration Judge expressed concern about his testimony that he was allowed to leaved jail to take a school finishing exam during a period of alleged persecution, but granted he his application for asylum. In July 2006, however, newly discovered evidence relating to Mr. Ademo's identity. The Immigration judge granted the motion. Ultimately, the Board of Immigration Appeals denied Mr. Ademo application for asylum, withholding of removal, and protection under the Convention Against Torture. See Ademo v. Lynch, No. 13-2621 (8th Cir. 2015) decided on July 30, 2015.