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July 28, 2016

VISA BULLETIN FOR AUGUST 2016

*U.S. Visas - U.S. Department of State - Bureau of Consular Affair
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 is earlierthan the final action date listed below.)
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F122MAY0922MAY0922MAY0908MAR9522MAR05
F2A15NOV1415NOV1415NOV1401SEP1415NOV14
F2B08JAN1008JAN1008JAN1008SEP9515SEP05
F301DEC0401DEC0401DEC0422OCT9415MAR94
F415SEP0301JAN0301JAN0115APR9701FEB93
*NOTE: For August, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority datesearlier than 01SEP14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP14 and earlier than 15NOV14. (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 application 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 application 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 
F101JAN1001JAN1001JAN1001APR9522DEC05
F2A22NOV1522NOV1522NOV15 22NOV15 22NOV15
F2B08FEB1108FEB1108FEB1122MAY9601FEB06
F322AUG0522AUG0522AUG0501MAY9501AUG95
F415JUN0415JUN0401MAY0401JUN9815JUL93
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 final action date listed below.)
Employ-
ment
based
All Charge-
ability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stC01JAN10C01JAN10CC
2nd01FEB1401JAN1001FEB1415NOV0401FEB1401FEB14
3rd15MAR1601JAN1015MAR1608NOV0415MAR1615MAY09
Other Workers15MAR1601JAN0415MAR1608NOV0415MAR1615MAY09
4thCC01JAN1001JAN1001JAN10C
Certain Religious WorkersCC01JAN1001JAN1001JAN10C
5th
Non-Regional
Center
(C5 and T5)
C15FEB14CCCC
5th
Regional
Center
(I5 and R5)
C15FEB14CCCC
*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 application 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 application 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
2ndC01JUN1301JUL09 CC
3rdC01MAY1501JUL05C01JAN13
Other WorkersC01AUG0901JUL05C01JAN13
4thCCCCC
Certain Religious WorkersCCCCC
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 final action dates for the following month. 
* www.travel.state.gov

July 12, 2016

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: 2016 OLYMPICS IN BRAZIL

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: 2016 OLYMPICS IN BRAZIL: Planning to travel to Brazil to watch the 2016 Olympics? During the 2016 Olympics the Brazilian government has announced that it will gra...

2016 OLYMPICS IN BRAZIL


Planning to travel to Brazil to watch the 2016 Olympics?

During the 2016 Olympics the Brazilian government has announced that it will grant a visa waiver program for U.S. citizens from June 1 to September 18, 2016. To see if your trip qualifies for visa waiver, visit the Brazilian Embassy’s website. Outside of this period Brazil requires U.S. citizens to carry a valid U.S. passport and visa when traveling to Brazil for any purpose. You must obtain your Brazilian visa in advance from the Brazilian Embassy or consulate nearest to your place of residence in the United States. Visas cannot be obtained at the airport, and immigration authorities will refuse entry into Brazil to anyone not possessing a valid visa. The U.S. government cannot assist you if you arrive in Brazil without proper documentation.

Ensure you have a valid U.S. passport valid for at least six. If your passport will expire before or during your trip, renew it now.  Remember to sign your passport – in ink – and complete the emergency information page.

U.S. citizens and other foreign travelers must fill out an immigration form on arrival that will be stamped and handed back by immigration officials at the airport.  It is important to retain this form to hand back to immigration officials upon exit from the country.

Enroll in the Smart Traveler Enrollment Program (STEP). It https://br.usembassy.gov/u-s-citizen-services/olympics-2016-u-s-citizen-services/will allow you to: 
  • Receive important information from the Embassy about safety conditions in your destination country, helping you make informed decisions about your travel plans.
  • Help the U.S. Embassy contact you in an emergency, whether natural disaster, civil unrest, or family emergency.
  • Help family and friends get in touch with you in an emergence

Have a safe flight and enjoy Brazil! 

July 4, 2016

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: 4TH OF JULY IN NEW YORK CITY

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: 4TH OF JULY IN NEW YORK CITY: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589 Website: norka@lawschell.c...

4TH OF JULY IN NEW YORK CITY

LAW OFFICES OF NORKA M. SCHELL, LLC

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


The 4th of July is an amazing event in America's most iconic city - New York City. The home of the Statue of Liberty has a distinct connection to America and it's patriotism, forged by the founding fathers and endured by those on September 11th, 2001. Whether it's spending the day in Central Park, Times Square or watching the night skyline bright with 4th of July, NYC delivers a patriotic experience second to none. Click here to  find out more about the 4th of July in New York City.

June 13, 2016

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

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JULY 2016: A.  STATUTORY NUMBERS This bulletin summarizes the availability of immigrant numbers during  July  for: “Application Final Action Dates”...

VISA BULLETIN FOR JULY 2016


A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during July for: “Application Final Action Dates” 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 on the USCIS website atwww.uscis.gov, 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. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the "Dates for Filing Visa Applications" charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.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 June 8th. 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, EL SALVADOR, GUATEMALA, HONDURAS, 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 is earlier than the cut-off date listed below.)
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F122MAR0922MAR0922MAR0908MAR9501FEB05
F2A15NOV1415NOV1415NOV1401SEP1415NOV14
F2B08DEC0908DEC0908DEC0908SEP9501JUL05
F301DEC0401DEC0401DEC0422OCT9401MAR94
F408SEP0301JAN0301JAN0115APR9701JAN93
*NOTE: For July, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01SEP14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP14 and earlier than 15NOV14. (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 is earlier than the listed date may file their application.
Visit www.uscis.gov/ 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
F2A15OCT1515OCT1515OCT1515OCT1515OCT15
F2B15DEC1015DEC1015DEC1015MAY9601JAN06
F301AUG0501AUG0501AUG0501MAY9501AUG95
F401MAY0401MAY0401MAY0401JUN9801APR93
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 earlier than the cut-off date listed below.)
Employ-
ment
based
All Charge-
ability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stCCCCCC
2ndC01JAN10C01NOV04CC
3rd01MAR1601JAN1001MAR1622OCT0401MAR1615FEB09
Other Workers01MAR1601JAN0401MAR1622OCT0401MAR1615FEB09
4thCC01JAN10C01JAN10C
Certain Religious WorkersCC01JAN10C01JAN10C
5th
Non-Regional
Center
(C5 and T5)
C15FEB14CCCC
5th
Regional
Center
(I5 and R5)
C15FEB14CCCC
*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.