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The effects of the pandemic may have a relatively positive effect on the Visa Bulletin

June 15, 2021 Don Pangilinan

As many know, the Department of State’s Visa Bulletin controls when an applicant may submit his or her DS-260 immigrant visa or I-485 adjustment of status application. Many people waiting for a preference category to become “current” monitor the Visa Bulletin which is updated every month by the State Department. In essence, immigration law states that a preference category applicant (e.g., the spouse of a green card holder or the sibling of a U.S. citizen or an employee beneficiary waiting under the Employment-Based Second or Third preference categories) cannot submit his or her immigrant visa/adjustment of status application until an immigrant visa is “immediately available”. The Visa Bulletin may be reviewed online.

Unfortunately, due to the pandemic and political issues, family-based immigration dates under the Final Action Dates (or Chart A), have not moved a great deal. This is due, in part, to the Embassies around the world not being able to resume full operational status because of the pandemic. As a result, many unused immigrant visas intended for family-sponsored cases are left unused.

The “positive effect” of these unused family immigrant visa numbers is that they are now transferred to the next fiscal year’s employment-based preference visas. In a recent YouTube interview, the State Department’s expert stated that in Fiscal Year 2021 he expects approximately 130,000 of the normal 226,000 visas will not be used by September 30, 2021. As a result, on October 1, 2021, the worldwide level for annual employment-based preference immigrants, which is normally set at 140,000, will see an incredible increase to approximately 270,000. Many employees with an approved I-140 petition with the employer whom they are working with now may have an opportunity to file their adjustment of status application if they are physically present in the U.S.

Those watching the Visa Bulletin carefully should see some movement in the beginning of the 2022 fiscal year.

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Filed Under: Blog, H-1B Visas

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TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. LPPC will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

LPPC will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. LPPC will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on LPPC to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. LPPC will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.