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1. Openers ................................................................................................................ 2
2. ABCs of Immigration: Immigrant Visas...................................................................... 3
3. AskVisalaw.com ..................................................................................................... 8
4. Border and Enforcement News ............................................................................... 10
• Siskind Summary – The Public Charge Rule ....................................................... 10
• ICE Starts Immigration Site Visits For Students On STEM OPT ............................. 12
• U.S. Border Agency to Expand Use of Facial Recognition Technology .................... 12
5. News From the Courts ........................................................................................... 13
• Matter of H-G-G-, Adopted Decision on TPS ....................................................... 13
• Thirteen States File Lawsuit Against DHS Over 'Public Charge' Rule ...................... 13
6. News Bytes .......................................................................................................... 14
• USCIS Updates Filing Addresses for Some I-129 Petitions ................................... 14
• USCIS Closes 13 of 20 International Offices ....................................................... 15
7. In the News at ABIL .............................................................................................. 15
• House Holds Hearing on USCIS Policy Changes, Processing Delays ....................... 16
• USCIS Announces Changes to Naturalization Test .............................................. 16
• DHS, DOJ Issue Joint Third-Country Asylum Rule ............................................... 17
Table of Contents
• USCIS Announces Citizenship and Assimilation Grant Opportunities ...................... 17
8. Updates from the Visalaw.com Blogs ....................................................................... 18
9. State Department Visa Bulletin: September 2019 ..................................................... 19
1. Openers
Dear Readers:
It’s been a tough last few weeks for immigration. The shooting of more than 20 Hispanic
people in El Paso shocked the country. That was followed by a series of worksite raids in
Mississippi that left many children separated from their parents. And then a few days later,
the Trump Administration released a shockingly overreaching new public charge rule that
has the potential to jeopardize the entry of and green card petitions for millions of
immigrants. That regulation is a lot to get your hands around and this month we provide a
detailed summary of what’s coming.
I write this from Washington, DC where I’ve been spending some time visiting Senate and
House offices to advocate for better immigration policies. On this trip, I’ve joined immigrant
physicians who are educating members of Congress about the importance of welcoming
immigration policies to ensuring that patients in many parts of the country have access to
doctors. It’s a serious problem as the national physician shortage is expected to worsen –
potentially to 132,000 by 2032, according to the Association of American Medical Colleges. I
try to get to Washington a couple of times a year to advocate for better immigration policies
and have found these visits make a real difference. If you ever have the opportunity to go
to Washington to advocate, you should really consider doing so. You really appreciate our
democracy and an in-person visit leaves an impression much stronger than most other
forms of advocacy.
Regards,
Greg Siskind
*****
2. ABCs of Immigration: Immigrant Visas
[This month’s ABCs of Immigration issue is adapted from Greg Siskind’s book, co-authored
by Bruce Buchanan, The I-9 and E-Verify Handbook.]
What are the four basic categories of immigrant visas?
The four basic categories of immigrant visas are the following:
1. Family-sponsored immigrants
2. Employment-based immigrants
3. Diversity immigrants
4. Refugees and Asylees
What are the relevant issues and waiting periods for family-based immigrants?
For immediate relatives
Faster processing is an option, and no quotas exist. The types of questions relevant for
family-sponsored immigrants include:
• Are you the spouse of a U.S. citizen?
• Are you a child of a U.S. citizen who is under the age of 21?
• Are you the parent of a U.S. citizen over the age of 21?
For preference categories
The types of questions and waiting periods relevant for family-sponsored immigrants
include:
• First Preference: Are you an adult, unmarried child of a U.S. citizen? If the answer is
yes, the wait is around 6 ½ years, unless you are a national of Mexico or the
Philippines, in which case the wait could be longer.
• Second Preference A: Are you under the age of 18 and either the child or the spouse
of a green-card holder? If the answer is yes, the wait is around two years.
• Second Preference B: Are you the adult child of a green-card holder? If the answer is
yes, the wait is around 6 ½ years, unless you are a national of Mexico or the
Philippines, in which care the wait could be longer.
• Third Preference: Are you a married child of a U.S. citizen? If the answer is yes, the
wait is around 12 years, unless you are a national of Mexico or the Philippines, in
which case the wait could be longer.
• Fourth Preference: Are you the brother or sister of a U.S. citizen? If the answer is
yes, the wait is 13 years, unless you are a national of India, Mexico, or the
Philippines, in which case the wait could be longer.
How are these waiting periods are determined?
The U.S. Department of State’s Visa Bulletin from April 2017 dictate these waiting periods.
These bulletins, found at www.travel.state.gov, announce the current waiting periods every
month. The previously mentioned waiting periods are approximations, and in order to know
the most accurate waiting period, the most up-to-date Visa Bulletin must be checked.
What is the implication of marriage to a U.S. citizen?
A common and quick way of acquiring permanent residency status is to marry a U.S.
citizen. U.S. Citizenship and Immigration Services (USCIS) still must assess the marriage to
determine whether the primary motivation of the marriage was acquiring a green card.
Can a person convert from one immigrant-preference or immediate-relative
category to another?
Cases may automatically convert from one category to another once an individual’s age and
marital status change. Accordingly, certain rights and priority dates may be retained for
children once they turn age 21.
What types of issues are pertinent for Diversity Visa applicants?
The following kinds of issues are relevant to the USCIS for Diversity Visa applicants:
• Are you a high school graduate?
• Do you work in a field which typically requires two years of work experience, and do
you have those two years of work experience?
• Were you bornin an eligible lottery country?
What types of issues are pertinent to the Diversity Visa green-card lottery?
The following kinds of issues are relevant to the USCIS to the Diversity Visa green card
lottery:
• The United States government annually allocates 50,000 visas which are distributed
through a random computer drawing.
• Fewer than 1 in 40 applicants are successful.
• Entering the lottery is easy.
• The entry period is limited and generally takes place in the last quarter of the
calendar year (October to December).
What types of issues are pertinent for the EB-1-1 green card?
The following are relevant issues in USCIS’ determination of whether to approve an EB-1-1:
• Are you a person of extraordinary ability in the field of science, art, education,
business, or athletics?
• Are you one of the top people in your field?
• Can you demonstrate that you have won a major international award or at least
three of the following??
o Documentation of your receipt of nationally or internationally recognized
prizes or award for excellence in the field of endeavor.
o Documentation of your membership to associations in the field for which
classification is sought, which requires outstanding achievements of
association members, as judged by recognized national or international
experts in their disciplines or fields.
o Published material in professional or major trade publications or in major
media about you, relating to your work in the field for which classification is
sought, which must include the title, date, and author of such published
material, and any necessary translation.
o Evidence of your participation on a panel, or individually, as a judge of the
work of others in the same or in an allied field of specialization for which
classification is sought.
o Evidence of your original scientific, scholarly, or business-related
contributions of major significance in the field.
o Evidence of your authorship of scholarly articles in the field, in professional
journals, or in other major media.
o Evidence of your employment in a critical or essential capacity for
organization and establishments that have a distinguished reputation.
o Evidence that you have commanded and now command a high salary or other
remuneration for services, evidenced by contracts or other reliable
documentation.
Is it necessary to be employed in order to obtain the EB-1-1 green card?
While employment is not necessary, the applicant is required to demonstrate his or her
intent to secure employment.
What types of issues are pertinent for the EB-1-2 green card?
The following kinds of issues are relevant to the USCIS EB-1-2 green card:
• Are you internationally recognized as outstanding in a specific academic area?
• Do you have three years of experience either in teaching or research within your
area?
• Are you coming to the U.S. with the intention of working in a tenured or tenure-track
teaching position or in a long-term research position?
• Are you capable of presenting evidence of your international recognition in your
academic field by producing evidence of at least two of the following?
o Receipt of major prizes or awards of outstanding achievement.
o Membership in an association which requires outstanding achievement.
o Published material in professional publications written by others about your
work.
o Participation as a judge of the work of others.
o Original scientific research.
o Authorship of scholarly books or articles in the field.
Is the EB-1-2 green card identical to the L-1 visa?
The EB-1-3 is virtually identical to the L-1 intracompany transfer nonimmigrant via, but the
major differences are its unavailability to specialized knowledge employees and its
requirement that the U.S. branch maintain operation for at least one year.
What types of issues are pertinent for the EB-2 green card?
The following kinds of issues are relevant to the USCIS EB-2 green card:
• Do you have a degree beyond a bachelor’s degree, or do you have five years of
experience in your field in addition to your bachelor’s degree?
• Do you meet the definition of exceptional ability by showing three of the following?
o Degree relating to the area of exceptional ability.
o Letter from a current or former employer indicating at least 10 years of
experience.
o License to practice the profession.
o A salary or remuneration indicative of exceptional ability.
o Membership in a professional association.
o Recognition for achievements and significant contributions to the industry or
field by peers, government entities, or a professional or business
organization.
• Do you have a job offer and labor certification, or is your green-card application
based upon benefiting the nation’s interest?
• If the base of your claim is rooted in labor certification, do you work in a field that
has a shortage of U.S. employees in the local area in which you intend to work?
• If your claim is based on a labor certification, are you going to be compensated the
prevailing wage for similarly employed employees in the city in which you intend to
work?
• If your claim is based on labor certification, has your employer already attempted
recruitment of permanent residents for the position?
• If your claim is based on a national interest waiver, do you pass the following tests?
o The person seeks employment in an area of substantial intrinsic merif.
o The benefit will be national in scope.
o The national interest would be adversely affected by a labor certification
requirement.
What is the processing time for the EB-2 green card?
While processing times vary, labor certification cases generally take somewhere between six
months to one year; national interest cases take somewhere between six to 18 months.
Is employment a requirement for the EB-2 application?
Employment is not a requirement for national interest waiver cases.
Who is eligible for the EB-3 green card?
University graduates are eligible for the EB-3 green card, and people employed at a position
which requires a minimum of two years of experience can file under this category as long as
the employer secures a labor certification.
What is the subcategory of the EB-3 green card?
It is for unskilled employees without work experience or an education requirement but who
have a labor certification requirement.
Is the EB-4 green card the same as the R-1 visa?
Essentially, they have the same requirements, however an EB-4 applicant must have been
working int eh field for a minimum of two years.
What types of issues are pertinent with regard to the EB-5 green card?
• Are you investing in a business in the United States?
• Is the business new, or are you buying into a restructured business?
• Are you investing a minimum of $500,000 if the business is in a rural, high
unemployment area or a designated target employment area (TEA), or $1 million if
located elsewhere? It is worth noting that USCIS has proposed raising these figures
to $1.35 million and $1.8 million for TEAs and non-TEAs respectively.
• Is your investment in the form of cash, inventory, equipment, another form of
tangible property, cash equivalents, and indebtedness secured by assets owned by
the entrepreneur?
• Is the investment “at risk”?
• Can you document the legitimacy of the funds’ source?
• Will the investment result in the creation of a minimum of 10 full-time positions for
U.S. employees?
What are the considerations made by USCIS when granting the EB-5 green card?
USCIS carefully analyzes these cases. Though the investment and job creation do not,
technically, need to take place until after the green card is granted, USCIS has
demonstrated that it will deny an EB-5 unless both the investment and job creation occur
prior to the submission of the application. Applicants can avoid demonstrating direct job
creation by investing in a preapproved regional investment center. Furthermore, applicants
applying through regional centers are not required to demonstrate their involvement in
management.
*****
3. AskVisalaw.com
In our AskVisalaw.com section of the SIB, attorney Ari Sauer answers immigration law
questions sent in by our readers. If you enjoy reading this section, we encourage you to
visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your
immigration questions. You can also follow The Immigration Answer Man
on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t
answer every question, but if you ask a short question that can be answered concisely, we’ll
consider it for publication. Remember, these questions are only intended to provide general
information. You should consult with your own attorney before acting on information you
see here.
***
QUESTION: I have just been scheduled for my green card interview. How do I know if my
medical examination report has expired and I need to bring a new one to the interview?
THE IMMIGRATION ANSWER MAN – ARI SAUER: Almost all applicants for Adjustment of
Status (Form I-485) must submit a Report of Medical Examination (Form I-693) at some
point in the process. We are no longer required to submit the I-693 together with the I-485
application, although we still have the option to do so.
On November 1, 2018, USCIS changed the rules regarding how long the I-693 remains
valid. The rules are now different depending on whether the I-693 was submitted before or
after November 1, 2018.
Where the I-693 is submitted to USCIS after November 1, 2018, if a) the I-693 was signed
by the doctor after the I-485 was filed or b) the I-693 was signed by the doctor 60 days or
less prior to the I-485 being filed, then the I-693 will remain valid for 2 years from the date
that the doctor signed the I-693.
So if the I-485 was filed before the I-693 was signed by the doctor or the I-485 was filed no
more than 60 days after the doctor signed the I-693, you will only need to obtain a new I-
693 if it has been more than 2 years since the doctor signed the I-693 and USCIS still has
not approved your I-485 application.
If the I-485 was filed more than 60 days after the doctor signed the I-693, then the I-693 is
no longer valid and you will have to obtain a new one.
Form I-693 was submitted to USCIS on or after November 1, 2018
When did civil surgeon (doctor)
sign the I-693? The I-693 is valid for:
I-693 signed by the doctor after the I-
485 application was filed with USCIS
2 years from when the doctor signed
the I-693
I-693 was signed by the doctor 60
days or less prior to the I-485
application being filed with USCIS
2 years from when the doctor signed
the I-693
I-693 was signed by the doctor more
than 60 days prior to the I-485
application being filed with USCIS I-693 is not valid.
Where the I-693 was submitted to USCIS before November 1, 2018, the same rules above
apply where a) the I-693 was signed by the doctor after the I-485 was filed or b) the I-693
was signed by the doctor 60 days or less prior to the I-485 being filed. In those cases, the
I-693 will remain valid for 2 years from the date that the doctor signed the I-693.
However, where the I-693 was submitted to USCIS before November 1, 2018, if the I-485
was filed more than 60 days after the I-693 was signed by the doctor, the I-693 will remain
valid for up to 1 year from when the I-693 was submitted as long as the I-693 was
submitted to USCIS no more than 1 year from when the doctor signed the I-693.
Form I-693 was submitted to USCIS before November 1, 2018
When did civil surgeon
(doctor) sign the I-693?
When was the I-693
submitted to
USCIS? The I-693 is valid for:
I-693 was signed by the
doctor after the I-485
application was filed with
USCIS Does not matter.
2 years from when the
doctor signed the I-693
I-693 was signed by the
doctor 60 days or less
prior to the I-485 being
filed with USCIS Does not matter
2 years from when the
doctor signed the I-693
I-693 was signed by the
doctor more than 60 days
prior to the I-485
application being filed with
USCIS
I-693 was submitted
to USCIS one year or
less from when the
doctor signed the I-
693
1 year from date
applicant submitted the
I-693 to USCIS
I-693 was signed by the
doctor more than 60 days
prior to the I-485
application being filed with
USCIS
I-693 was submitted
to USCIS more than
one year after the
doctor signed the I-
693
The I-693 was not valid
at the time it was
submitted to USCIS.
***
QUESTION: I filed an I-130 petition for my wife, who is in India. When I filed the I-130, I
was a permanent resident. Now I am a citizen. What is the process for having USCIS
process my I-130 as the wife of a US citizen?
THE IMMIGRATION ANSWER MAN – ARI SAUER: When an I-130 is filed under the F-2A
preference category, as the spouse of US permanent resident, and the petitioner later is
naturalized and becomes a US citizen, the I-130 petition automatically moves to the
Immediate Relative category. However, the USCIS office that approved the application for
naturalization will not notify the USCIS office that is processing (or that approved) the I-130
petition, so the petitioner must notify USCIS that they are now a US citizen. You do this by
sending a copy of the Naturalization Certificate, along with a copy of the I-130 Receipt
Notice (or the I-130 Approval Notice, if it has already been approved) to the USCIS Service
Center that is processing the I-130, along with a letter asking them to update the I-130
petition now that the petitioner is a US citizen. The address to use to send the notice is the
address listed at the bottom of the I-130 Receipt Notice or the I-130 Approval Notice,
although if you have received a Notice of Transfer informing you that the I-130 has been
transferred to another USCIS office, then you would use the address listed at the bottom of
the Notice of Transfer. However, if you are working with an immigration attorney for the I-
130 petition, you should let your attorney know of your new US citizen status and follow
their instructions.
*****
4. Border and Enforcement News
Siskind Summary – The Public Charge Rule
On August 13, 2019, the Trump Administration released the text of a long-anticipated,
controversial rule that will significantly expand the government’s use of a provision of the
Immigration and Nationality Act that bars the admission of immigrants who are deemed
likely to become a “public charge.” The rule would cover all immigrants and non-immigrants
seeking admission to the US, adjustment of status, and extensions and changes of status
for non-immigrants and is set to take effect 60 days after it is published (likely a date in
mid-October). The rule follows the release of a proposed rule in October 2018 and has been
expected for the last few months.
As soon as the rule was released, the National Immigration Law Center announced it would
be challenging the rule and further lawsuits may follow.
The 837-page rule defines “public charge” as used in Section 214(a)(4) of the Immigration
and Nationality Act, defines the types of public benefits to be considered in public charge
inadmissibility determinations, and the various factors to be considered by the government
in making public charge determinations. The rule also sets out the procedure for people to
pay “public charge bonds” in adjustment of status cases. Finally, the agency is making
revisions to existing USCIS information collections and new information collection
instruments to accompany the regulatory changes.
The rule also comes with the withdrawal of a 1999 proposed rule on public charge criteria
that never was finalized.
1. Executive Summary – DHS states that the purpose of the rule is to ensure aliens
subject to the public charge inadmissibility ground “are self-sufficient, i.e., do not
depend on public resources to meet their needs, but rather rely on their own
capabilities, as well as the resources of family members, sponsors, and private
organizations.”
The rule redefines “public charge” to mean an alien who receives one or more designated
public benefits for more than 12 months in the aggregate within any 36-month period (such
that receipt of two benefits in one month counts as two months). “Public benefit” includes
cash benefits for income maintenance, SNAP (food stamps), most forms of Medicaid,
various Section 8 Housing Assistance programs, and other forms of subsidized housing.
DHS officers will use a “totality of the circumstances” analysis to ultimately decide if
someone is inadmissible and the rule goes into considerable detail in providing officers’
guidelines to make that determination.
USCIS will be creating a new Form I-944 Declaration of Self-Sufficiency to be submitted as
part of an adjustment of status case.
Finally, DHS will begin accepting public charge bonds.
1. Major Provisions of the Regulatory Action
• Amending 8 CFR 103.6, Surety bonds used to address public charge concerns.
• Amending 8 CFR 103.7 adding fees for a new Form I-945, Public Charge Bond
and Form I-356, Request for Cancellation of Public Charge Bond.
• Adding 8 CFR 212.20 which identifies categories of aliens subject to public charge
inadmissibility determinations.
• Adding 8 CFR 212.21 which includes definitions regarding the public charge
requirement.
• Adding 8 CFR 212.22 which sets out the standard for determining the likelihood
of becoming a public charge.
• Adding 8 CFR 212.23 which sets out an exemption and waiver process.
• Adding 8 CFR 212.24 which provides a methodology for calculating the annual
aggregate amount of the portion attributable to the alien for certain benefits.
• Amending 8 CFR 213.1 to add public charge bond procedures for adjustment of
status applications.
• Amending 8 CFR 214.1 mandating the denial of requests for admission,
extension, and maintenance of status for non-immigrants who have received
public benefits described in 8 CFR 212.21(b).
• Amending 8 CFR 245.4 to require a new Form I-944, Declaration of Self-
Sufficiency, for adjustment of status applicants.
View the full Siskind Summary on Greg Siskind’s blog.
***
ICE Starts Immigration Site Visits For Students On STEM OPT
The Trump administration has empowered Immigration and Customs Enforcement (ICE)
officers to exercise their ability to question international students and company managers
during new site visits to investigate students on Optional Practical training (OPT) in the
fields of science, technology, engineering, and math (STEM). Though this authority has been
endowed to officer since May 2016, the agency has abstained from conducting these
inspections until recently.
Included in the inspection can be one-on-one interviews with personnel, reviews and
discussions of foreign nationals’ training plan and the implementation thereof, and reviews
of foreign nationals’ skills and degrees in relation to the STEM degree.
Per the previously mentioned May 2016 STEM OPT regulation, ICE has the authority to
review numerous aspects of international students’ work contributions, including assessing
documentation to assess whether a STEM OPT student is being properly compensated when
compared to compensation of U.S. workers. Additionally, the existence of a legitimate
training program is another area that ICE officers can investigate, so it is imperative that
employers familiarize themselves with the training plan forms they have for STEM OPT
students.
For more information, view the May 2016 STEM OPT regulation and the full article from
Forbes.
***
U.S. Border Agency to Expand Use of Facial Recognition Technology
United States Customs and Border Protection (CPB) released plans to expound upon its
current utilization of facial recognition technology in order to screen individuals entering the
country. According to the government-released document, CBP plans to expand its technical
systems, replacing the existing “token-based” system which utilizes verification methods
such as passwords with a biometric system which utilizes face scans and fingerprints for
identification purposes. The plan states that the Global Entry kiosks currently at the border
will be replaced with a “facial recognition solution.”
In order to acquire the technology and move key software applications to cloud-computing
services, CBP seeks a private vendor, speculating that a potential contract, slated to begin
in December of this year and extending as long as May 2025, could be worth a maximum of
$960 million.
For more information, view the full article from Bloomberg.
*****
5. News From the Courts
Matter of H-G-G-, Adopted Decision on TPS
The Administrative Appeals Office (AAO) decision in Matter of H-G-G- affects Temporary
Protected Status (TPS) beneficiaries and their eligibility to adjust their status under section
245 of the Immigration and Nationality Act, reaffirming the position held by the Department
of Homeland Security that TPS recipients are considered as being in and maintaining lawful
nonimmigrant status exclusively throughout the period of time that TPS is in effect.
Granting TPS does neither confers an admission nor cures or otherwise affects any previous
failure to maintain continuously a lawful status. Furthermore, Matter of H-G-G- also states
that the U.S. Courts of Appeals for the 6th and 9th Circuits’ holding that a grant of TPS
supplies the requisite admission for purposes of adjustment justifies USCIS to follow those
directives only in these respective jurisdictions and pertaining to that specific issue. USCIS
will universally apply the holding in Matter H-G-G- when dealing with the question of
whether a grant of TPS absolves a prior unlawful status.
For more information, view the Matter of H-G-G-.
***
Thirteen States File Lawsuit Against DHS Over 'Public Charge' Rule
Co-led by Washington Attorney General Robert Ferguson and Virginia Attorney General Mark
Herring, a group of thirteen states filed a lawsuit against the Department of Homeland
Security (DHS) over the Trump Administration’s recently published “public charge rule.” The
rule, set to take effect on October 15, 2019, expands government authority to deny green
cards to legal immigrants based upon their utilization of public services. In addition to the
Attorneys General from Washington and Virginia, those from Colorado, Delaware, Illinois,
Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, and Rhode Island also
filed the suit.
Ferguson questioned the legality of the rule in the 169-page complaint, calling the rule
“arbitrary, capricious, and an abuse of discretion.” Furthermore, Ferguson asserted the rule
violated the Immigration and Nationality Act (INA) by fundamentally augmenting the
definition of the term “public charge.”
For more information, view the article from The Hill.
*****
6. News Bytes
USCIS Updates Filing Addresses for Some I-129 Petitions
Though no formal announcement was made, USCIS has updated the direct filing addresses
for Form I-129, Petition for a Nonimmigrant Worker. Specifically, changes were made on the
USCIS webpage for the filing addresses for H-1B cap-exempt petitions for extension of stay,
change of status, concurrent employment, consular notification, and amended petitions,
excluding those filed for H-1B cap-exempt entities, H-1B cap-exempt petitions based on a
Conrad/IGA waiver or Guam, and all H-1B1, H-1B2, and H-1B3 petitions.
Petitions listed on the USCIS webpage under “Direct Filing Addresses for Form I-129,
Petition for a Nonimmigrant Worker,” under the dropdown box entitled, “All Other H-1B
Petitions (H-1B extension of stay, change of status, concurrent employment,
POE/PFI/consular notification, and amended petitions),” are now accepted at:
• California Service Center (CSC),
• Nebraska Service Center (NSC),
• Texas Service Center (TSC), and
• Vermont Service Center (VSC)
For more information, view the announcement from USCIS.
***
USCIS Closes 13 of 20 International Offices
United States Citizenship and Immigration Services (USCIS) announced plans to close all
but 7 of its international field offices before August 2020. The plan stated the seven field
offices remaining will be the following:
• Beijing, China;
• Guangzhou, China;
• Nairobi, Keya;
• New Delhi, India;
• Guatemala City, Guatemala;
• Mexico City, Mexico; and
• San Salvador, El Salvador.
The first closures are planned to take place at the end of September at the Monterrey,
Mexico and Seoul, South Korea field offices. Acting Director of USCIS, Ken Cuccinelli stated
the remaining 11 offices will close on a staggering schedule. The responsibilities held by
these offices are planned to be shifted to domestic offices or to USCIS domestic staff who
are abroad temporarily on assignment. The United States Department of State (DOS) will
shoulder the burden of providing in-person services currently provided by USCIS at these
international field offices.
For more information, view the announcement from USCIS and the article from Law 360.
*****
7. In the News at ABIL
Siskind Susser is excited to announce that Lynn Susser was recently elected to ABIL, the
Alliance of Business Immigration Lawyers. ABIL is comprised of over 20 lawyers from top
tier immigration practices with years of expertise and a comprehensive understanding of
immigration law. For more information on ABIL, including a map of ABIL attorneys
worldwide, visit their website.
The following articles are excerpts from ABIL’s monthly Immigration Insider, available here
on their website.
***
House Holds Hearing on USCIS Policy Changes, Processing Delays
On July 16, 2019, the House of Representatives held a hearing on policy changes and
processing delays at U.S. Citizenship and Immigration Services (USCIS). Witnesses included
representatives from USCIS, the American Immigration Lawyers Association (AILA), Catholic
Legal Immigration Network (CLINIC), the Immigrant Legal Resource Center, and the Center
for Immigration Studies. Statements were also submitted by various organizations.
Regarding policy changes, Jill Marie Bussey, CLINIC's Director of Advocacy, cited the
expansion of in-person interview requirements and related "extreme vetting," new rules on
requests for evidence and notices of intent to deny, elimination of the 90-day processing
requirement for employment authorization documents, information services "modernization"
that includes narrowing of the options and points of access for stakeholders to request
information and services regarding their pending cases, the ending of self-scheduling of in-
person InfoPass appointments at field offices, and diverting resources to enforcement-
focused activities. All of these policy changes, she said, are contrary to USCIS's mission,
contribute to backlogs and inefficiencies, and create unnecessary barriers for applicants and
their legal representatives, are not justified by data, and thus have contributed to significant
consequences and cascading effects for employers, legal service providers, individuals and
families, and USCIS and other agencies.
With respect to processing delays, Marketa Lindt, AILA President, testified that USCIS's
average case processing time surged by 46 percent from FY 2016 to FY 2018 and by 91
percent from FY 2014 to FY 2018. "[I]n FY 2018 the agency processed 94 percent of its
benefit form types more slowly than in FY 2014. For many of these form types, processing
times more than doubled in recent years, and some tripled. This past fiscal year, the
agency's overall backlog of delayed cases exceeded 5.69 million, a 69 percent increase over
FY 2014.”
Details: Hearing testimony and statements, https://bit.ly/2LWUAp8
***
USCIS Announces Changes to Naturalization Test
On July 19, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it is
revising the current naturalization test in English and civics.
In December 2018, USCIS formed a naturalization test revision working group with
members from across the agency. The working group is reviewing and updating the
naturalization test questions. The group will also assess potential changes to the speaking
portion of the test. USCIS said it "is soliciting the input of experts in the field of adult
education to ensure that this process is fair and transparent." Details of the changes being
considered were not released. USCIS plans to pilot the test revision this fall, and to set an
implementation date in December 2020 or early 2021. USCIS is also formalizing a decennial
revision process to allow for updates every 10 years. Critics have expressed concerns that
the announcement is a continuation of efforts by USCIS to make naturalization more
difficult, including dramatically slowing down the processing of naturalization applications.
Details: USCIS announcement, https://www.uscis.gov/news/news-releases/uscis-
announcesplan-improve-naturalization-test; USCIS memorandum on the revisions,
https://bit.ly/2xY4XAM.
***
DHS, DOJ Issue Joint Third-Country Asylum Rule
The Department of State's (DOS) Visa Bulletin for August 2019 notes that there has been a
steadily increasing level of employment-based applicant demand since late May for
adjustment of status cases filed with U.S. Citizenship and Immigration Services, and there
is no indication that this trending increase will end. Therefore, the agency has established or
retrogressed many of the August Final Action Dates in an effort to hold worldwide number
use within the maximum allowed under the FY 2019 annual limits.
The implementation of these dates is expected to be only a temporary issue, DOS said. For
October, the first month of fiscal year 2020, "every effort will be made to return these final
action dates to those which applied for July." Details: DOS Visa Bulletin for August 2019
(scroll down to "D"), https://travel.state.gov/content/travel/en/legal/visa-law0/visa-
bulletin/2019/visa-bulletin-foraugust-2019.html
Details: USCIS release, https://www.uscis.gov/news/news-releases/executives-
staffingcompanies-charged-visa-fraud.
***
USCIS Announces Citizenship and Assimilation Grant Opportunities
On July 30, USCIS announced it would accept applications for two funding opportunities
under the Citizenship and Assimilation Grant Program, potentially providing $10 million in
grants for citizenship preparation programs. The grants are available to organizations that
prepare lawful permanent residents for naturalization, promoting knowledge of English, U.S.
history, and civics.
There are two different grant opportunities:
• The Citizenship Instruction and Naturalization Application Services grant
opportunity will fund up to 36 organizations offering both citizenship instruction and
naturalization application services to lawful permanent residents.
• The Refugee and Asylee Assimilation Program grant opportunity will fund up to
four organizations to provide individualized services to lawful permanent residents
who entered the United States under the U.S. Refugee Admissions Program or were
granted asylum. These services will assist these individuals in acquiring knowledge
and skills leading The grant aims to promote long-term assimilation through the
education of lawful permanent residents who strive for naturalization but lack the
instruction, information, and services necessary to attain it.
Applications for either of these grant opportunities are due by August 13, 2019.
Within 30 days of receiving the award, all funded grant recipients must enroll in E-Verify as
a regular employer and remain in good standing with E-Verify throughout the entire period
of grant performance. USCIS projects its announcement of award recipients to occur in
September. To apply for one of these funding opportunities, visit grants.gov. For additional
information on the Citizenship and Assimilation Grant Program for fiscal year 2019, visit
uscis.gov/grants or email the USCIS Office of Citizenship at
Details: To apply for either funding opportunity, visit grants.gov; for more information on
the Citizenship and Assimilation Grant Program for FY 2019, uscis.gov/grants or email the
USCIS Office of Citizenship at [email protected].
***
This newsletter was prepared with the assistance of ABIL, the Alliance of Business
Immigration Lawyers (www.abil.com), of which Lynn Susser is an active member.
*****
8. Updates from the Visalaw.com Blogs
Greg Siskind’s Blog on ILW.com
• Siskind Summary – The Public Charge Rule
• Siskind Summary – HR 1044 – The Fairness for High-Skilled Immigrants Act
• Siskind Summary – HR 6 – The American Dream and Promise Act of 2019
• Carmen Puerto Diaz
• Siskind Summary: The H-1B Pre-Registration Proposed Rule
• Siskind Summary: East Bay Sanctuary Covenant v Trump (The Asylum Ban Case)
• Siskind Summary: The Suspension of Asylum Eligibility and Presidential Proclamation
• Siskind Summary – The Texas DACA Preliminary Injunction Ruling
• Iowa Encapsulates America’s Immigration Debate
• Help Wanted: Seeking Congressional Committees Interested in Wise Immigration
Policies – By Anthony Weigel
• Siskind Summary – Immigration Innovation Act of 2018 (“I-Squared”)
• How Immigration Functions Will be Impacted by a Government Shutdown
Bruce Buchanan's Blog on ILW.com
• Oregon Enacts Law Requiring Employers to Inform Employees about ICE Audits
• How did ICE Target Mississippi Food Processing Plants for Raids?
• DOJ Settles Immigration-Related Discrimination Claim Against Upper Crust Bakery
• OCAHO Appoints Chief ALJ
• OCAHO Finds Settlement Agreements Preclude Complaint
• DOL Finds 2 Companies have Substantial Liability for H-1B Na H-2B Violations
• TentLogix Officials Indicted for Harboring Undocumented Workers after ICE Audit
• Four Executives of IT Staffing Companies Charged with H-1B Visa Fraud
• Dunkin' Donuts Sues Franchisees Over Failure to Use E-Verify
• U.S. Citizen Guilty of H-2B Visa Fraud and Sentenced to Prison
• Grand America Hotel Sued for Violations of J-1 Visa Program
• ICE Silent Raids of Employers are Continuing
• ICE's Criminal Prosecutions Focus on Employees, not Employers
• DOJ Settles Discrimination Claim concerning U.S. Workers against Sam Williamson
Farms
• Federal Judge Finds Violations of H-2A Visa Program and MSPA
• IER Settles Immigration-Related Discrimination Claim Against Stanislaus County
*****
9. State Department Visa Bulletin: September 2019
Visa Bulletin For September 2019
Number 33
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during September for: “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 U.S. Citizenship and Immigration Services (USCIS)
website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for
adjustment of status with USCIS in the Department of Homeland Security must use the
“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.
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 August 9th. If not all demand could be satisfied, the category or foreign state in which
demand was excessive was deemed oversubscribed. The final action 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 final action date, supplemental requests for numbers will be honored only if the
priority date falls within the new final action 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. The fiscal year 2019 limit for family-sponsored preference immigrants determined in
accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000. The
fiscal year 2019 limit for employment-based preference immigrants calculated under INA
201 is 141,918. 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., 25,754 for FY-2019. The dependent area limit is set at 2%, or 7,358.
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,
PHILIPPINES, and VIETNAM.
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. 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 final action date listed below.)
Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born INDIA MEXICO PHILIPPINES
F1 01JAN13 01JAN13 01JAN13 01AUG96 22JUN08
F2A C C C C C
F2B 01JUN14 01JUN14 01JUN14 01JUL98 01AUG08
F3 01SEP07 01SEP07 01SEP07 01DEC95 01FEB98
F4 01NOV06 01NOV06 22SEP04 01JAN97 01JUL98
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 is earlier 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
INDIA MEXICO PHILIPPINES
F1 01MAY13 01MAY13 01MAY13 08NOV99 01DEC08
F2A 01JUL19 01JUL19 01JUL19 01JUL19 01JUL19
F2B 15OCT14 15OCT14 15OCT14 01MAR99 01FEB09
F3 22JAN08 22JAN08 22JAN08 15JUL00 01AUG98
F4 08MAR07 08MAR07 22MAY05 22DEC98 01JAN99
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. 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 final action date listed below.)
Employment-
based
All
Chargeabili
ty
Areas
Except
Those
Listed
CHINA-
mainlan
d
born
EL
SALVADO
R
GUATEMA
LA
HONDUR
AS
INDIA MEXIC
O
PHILIPPIN
ES
VIETNA
M
1st 01OCT17 01JAN14 01OCT17 U 01OCT
17 01OCT17
01OCT1
7
2nd 01JAN18 01JAN17 01JAN18 08MAY
09
01JAN1
8 01JAN18
01JAN1
8
3rd 01JUL16 01JAN14 01JUL16 01JUL0
5
01JUL1
6 01JUL16 01JUL16
Other Workers 01JUL16 22NOV0
7 01JUL16
01JUL0
5
01JUL1
6 01JUL16 01JUL16
4th U U U U U U U
Certain
Religious
Workers
U U U U U U U
5th Non-
Regional Center
(C5 and T5)
C 22OCT1
4 C
01SEP1
7 C C
22OCT1
4
5th Regional Ce
nter
(I5 and R5)
C 22OCT1
4 C
01SEP1
7 C C
22OCT1
4
*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 is earlier 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
Chargeabilit
y
Areas Excep
t
Those
Listed
CHINA-
mainlan
d
born
EL
SALVADOR
GUATEMAL
A
HONDURA
S
INDIA MEXIC
O
PHILIPPINE
S
1st 01SEP18 01OCT17 01SEP18 01OCT1
7
01SEP1
8 01SEP18
2nd C 01JUN17 C 01JUN0
9 C C
3rd C 01JUN16 C 01APR1
0 C C
Other Workers C 01JUN08 C 01APR1
0 C C
4th C C 01SEP16 C C C
Certain Religious
Workers C C 01SEP16 C C C
5th Non-
Regional Center
(C5 and T5)
C 22NOV14 C C C C
5th Regional Cent
er
(I5 and R5)
C 22NOV14 C C C C
6. The Department of State has a recorded message with the Final Action date information
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.
B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF SEPTEMBER
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit
additional immigration opportunities for persons from countries with low admissions during
the previous five years. The NACARA stipulates that beginning with DV-99, and for as long
as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made
available for use under the NACARA program. This resulted in reduction of the DV-2019
annual limit to 50,000. DV visas are divided among six geographic regions. No one
country can receive more than seven percent of the available diversity visas in any one
year.
For September, immigrant numbers in the DV category are available to qualified DV-2019
applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off
number is shown, visas are available only for applicants with DV regional lottery rank
numbers BELOW the specified allocation cut-off number:
Region
All DV Chargeability
Areas Except
Those Listed Separately
AFRICA CURRENT
ASIA CURRENT
EUROPE CURRENT
NORTH AMERICA
(BAHAMAS) CURRENT
OCEANIA CURRENT
SOUTH AMERICA,
and the CARIBBEAN CURRENT
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal
(visa) year for which the applicant is selected in the lottery. The year of entitlement for all
applicants registered for the DV-2019 program ends as of September 30, 2019. DV visas
may not be issued to DV-2019 applicants after that date. Similarly, spouses and children
accompanying or following to join DV-2019 principals are only entitled to derivative DV
status until September 30, 2019. DV visa availability through the very end of FY-2019
cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL
APPLY IN OCTOBER
For October, immigrant numbers in the DV category are available to qualified DV-2020
applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off
number is shown, visas are available only for applicants with DV regional lottery rank
numbers BELOW the specified allocation cut-off number:
Region
All DV Chargeability
Areas Except
Those Listed Separately
AFRICA 2,500 Except: Egypt 1,500
ASIA 1,300 Except: Iran 750
Nepal 1,000
EUROPE 2,100
NORTH AMERICA
(BAHAMAS) 2
OCEANIA 175
SOUTH AMERICA,
and the CARIBBEAN 225
D. AVAILABILITY OF EMPLOYMENT-BASED FIRST, SECOND and FIFTH
PREFERENCE NUMBERS
There has been a combination of a dramatic change in the USCIS demand pattern for
adjustment of status applicants during July, and a larger than anticipated return of unused
numbers which had been provided to consular offices for July use. As a result, it has been
possible to advance the Employment First and Second preference September final action
dates for most countries, as well as the India Employment Fifth preference.
E. SEVERAL EMPLOYMENT-BASED PREFERENCE CATEGORIES HAVE
RETROGRESSED OR BECOME “UNAVAILABLE” FOR THE REMAINDER OF FISCAL
YEAR 2019
Worldwide Employment Fourth (E4): Since June, USCIS demand for E4 numbers, primarily
for Juvenile Court Dependent adjustment of status applicants, has increased dramatically.
This has resulted in the E4 annual limit having been reached. Therefore, it has been
necessary to make the entire E4 category “Unavailable” for September, and implement this
effective immediately.
China – Employment First (E1) and Third Preferences (E3): Despite the earlier retrogression
of the China E1 final action date, USCIS demand for adjustment of status applicants with
priority dates earlier than that date remains excessive. Therefore, it has been necessary to
retrogress the China E1 final action date once again. A dramatic increase in USCIS demand
for China E3 numbers has also required the retrogression of that date in an effort to limit
future number use under that annual limit. Both of these retrogressed September dates will
be imposed immediately.
India – Employment First (E1) and Third Preferences (E3): Despite the earlier retrogression
of the India E1 and E3 final action dates, USCIS demand for adjustment of status applicants
with priority dates earlier than those dates remained excessive. Therefore, it was necessary
to make the India E1 final action date “Unavailable” earlier in July, and it will remain so for
the remainder of FY-2019. The India Employment Third preference date has been
retrogressed and that date will be imposed immediately.
It is likely that corrective action will also be required for other preferences prior to the end
of the fiscal year.
Numbers will once again be available for applicants in the above-mentioned preferences
beginning October 1, 2019 under the FY-2020 annual numerical limitations. Every effort will
be made to return these final action dates to (at least) the dates which had originally been
announced for August.
F. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED
UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical
limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These
calculations are based in part on data provided by U.S. Citizenship and Immigration
Services (USCIS) regarding the number of immediate relative adjustments in the preceding
year and the number of aliens paroled into the United States under Section 212(d)(5) in the
second preceding year. Without this information, it is impossible to make an official
determination of the annual limits. To avoid delays in processing while waiting for the
USCIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in
Section 201 of the INA. On July 17th, USCIS provided the required data to VO.
The Department of State has determined the Family and Employment preference numerical
limits for FY-2019 in accordance with the terms of Section 201 of the INA. These numerical
limitations for FY-2019 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 141,918
Under INA Section 202(a), the per-country limit is fixed at 7% of the family and
employment annual limits. For FY-2019 the per-country limit is 25,754. The dependent
area annual limit is 2%, or 7,358.
G. OBTAINING THE MONTHLY VISA BULLETIN
To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”,
please send an E-mail to the following E-mail address:
and in the message body type:
Subscribe Visa-Bulletin
(example: Subscribe Visa-Bulletin)
To be removed from the Department of State’s E-mail subscription list for the “Visa
Bulletin”, send an e-mail message to the following E-mail address:
and in the message body type: Signoff Visa-Bulletin
The Department of State also has available a recorded message with visa final action dates
which can be heard at: (202) 485-7699. The recording is normally updated on/about the
10th of each month with information on final action dates for the following month.
Readers may submit questions regarding Visa Bulletin related items by E-mail at the
following address:
(This address cannot be used to subscribe to the Visa Bulletin.)
Department of State Publication 9514
CA/VO: August 9, 2019
