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January 18, 2016

FEBRUARY 2016 VISA BULLETIN


LAW OFFICES OF NORKA M. SCHELL, LLC

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

Website: www.lawschell.com


This bulletin summarizes the availability of immigrant numbers during February 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.

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 is earlier than the cut-off date listed below.)
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F108JUL0808JUL08 08JUL0801JAN9501NOV03
F2A01SEP1401SEP1401SEP1408JUN1401SEP14
F2B15MAY0915MAY0915MAY0908SEP95 01FEB05
F301OCT0401OCT0401OCT0408SEP9422NOV93
F408JUN0308JUN0308JUN0301APR9708AUG92
*NOTE: For February, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority datesearlier than 08JUN14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08JUN14 and earlier than 01SEP14. (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.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 
Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
F101OCT0901OCT0901OCT0901APR9501SEP05
F2A15JUN1515JUN1515JUN1515JUN1515JUN15
F2B15DEC1015DEC1015DEC1001APR9601MAY05
F301AUG0501AUG0501AUG0501MAY9501AUG95
F401MAY0401MAY0401MAY0401JUN9801JAN93
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
2ndC01MAR1201AUG08CC
3rd01OCT1501OCT1215JUN0401OCT1508JAN08
Other Workers01OCT1522DEC0615JUN0401OCT1508JAN08
4thCCCCC
Certain Religious WorkersCCCCC
5th
Non-Regional
Center
(C5 and T5)
C15JAN14CCC
5th
Regional
Center
(I5 and R5)
C15JAN14CCC
*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 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 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 isearlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 
Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01JAN1301JUL09CC
3rd01JAN1601OCT1301JUL0501JAN1601JAN10
Other Workers01JAN1601JAN0701JUL0501JAN1601JAN10
4thCCCCC
Certain Religious
Workers
CCCCC
5th Non-Regional
Center (C5 and T5)
C01MAY15CCC
5th Regional Center
(I5 and R5)
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 U.S. Visa Department of State at www.travel.state.gov


December 14, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: USCIS PROPOSED CHANGES TO FORM I-9

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: USCIS PROPOSED CHANGES TO FORM I-9: LAW OFFICES OF NORKA M. SCHELL'S BLOG 11 BROADWAY, SUITE 615 NEW YORK, NY 10004 TEL. (212)564-1589 / (973)621-9300 WEBSITE: w...

USCIS PROPOSED CHANGES TO FORM I-9

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


USCIS published a notice in the Federal Register on Nov. 24, 2015, to inform the public of proposed changes to Form I-9, Employment Eligibility Verification. The public may provide comments on the proposed changes for 60 days, until Jan. 25, 2016.
Many of the proposed changes to Form I-9 are intended to help  reduce technical errors and help customers complete the form on their computer after they have downloaded it from uscis.gov. For instance, the form:
  • Checks certain fields to ensure information is entered correctly;
  • Provides additional spaces to enter multiple prepares and translators;
  • Includes drop-down lists and calendars;
  • Provides instructions on the screen that users can access to complete each field;
  • Includes buttons that will allow users to access the instructions electronically, print the form and clear the form to start over;
  • Provides a dedicated area to enter additional information that employers are currently required to notate in the margins of the form; and
  • Will generate a quick-response matrix bar-code, or QR code, once the form is printed and can be used to streamline audit processes.
Other proposed changes include:
  • Requiring employees to provide only other last names used in Section 1, rather than all other names used;
  • Streamlining the certification in Section 1 for certain foreign nationals; and
  • Separating the instructions from the form to bring the form in line with USCIS’ practices.

Submit a Comment

To view the proposed form and instructions, go to the Form I-9 notice at www.regulations.gov. To submit a comment, enter USCIS-2006-0068 in the search box and click the “Comment Now!” button. After completing all the necessary fields, click “Submit Comment.” See uscis.gov

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JANUARY 2016

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JANUARY 2016: LAW OFFICES OF NORKA M. SCHELL'S BLOG 11 BROADWAY, SUITE 615 NEW YORK, NY 10004 TEL. (212)564-1589 / (973)621-9300 WEBSITE:...

VISA BULLETIN FOR JANUARY 2016


LAW OFFICES OF NORKA M. SCHELL'S BLOG
11 BROADWAY, SUITE 615
NEW YORK, NY 10004
TEL. (212)564-1589 / (973)621-9300




Department of State summary of the January 2016 Bulletin Visa.

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 is earlierthan the cut-off date listed below.)
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F115MAY0815MAY08 15MAY0822DEC9401JUN03
F2A01AUG1401AUG1401AUG1401JUN1401AUG14
F2B01APR0901APR0901APR0908SEP95 01JAN05
F301AUG0401AUG0401AUG0401AUG9401NOV93
F422APR0322APR0322APR0301APR9722JUL92
*NOTE: For January, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority datesearlier than 01JUN14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUN14 and earlier than 01AUG14. (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.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 
Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
F101OCT0901OCT0901OCT0901APR9501SEP05
F2A15JUN1515JUN1515JUN1515JUN1515JUN15
F2B15DEC1015DEC1015DEC1001APR9601MAY05
F301AUG0501AUG0501AUG0501MAY9501AUG95
F401MAY0401MAY0401MAY0401JUN9801JAN93
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
2ndC01FEB1201FEB08CC
3rd01OCT1501JUL1215MAY0401OCT1501NOV07
Other Workers01OCT1501DEC0615MAY0401OCT1501NOV07
4thCCCCC
Certain Religious WorkersUUUUU
5th
Non-Regional
Center
(C5 and T5)
C08JAN14CCC
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 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 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 isearlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 
Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01JAN1301JUL09CC
3rd01JAN1601OCT1301JUL0501JAN1601JAN10
Other Workers01JAN1601JAN0701JUL0501JAN1601JAN10
4thCCCCC
Certain Religious
Workers
CCCCC
5th Non-Regional
Center (C5 and T5)
C01MAY15CCC
5th Regional Center
(I5 and R5)
C01MAY15CCC