May 2017 Visa Bulletin

INTRODUCTION

On April 11, 2017, the Department of State (DOS) released the May 2017 Visa Bulletin, containing dates for filing and application final action dates for the family-sponsored and employment-based immigrant visa preference categories [PDF version]. One day later, the United States Citizenship and Immigration Services (USCIS) determined that both family-sponsored and employment-based adjustment of status applicants must use the Final Action dates for filing in May of 2017 [link].

In this article, we will examine the relevant charts from both the May 2017 Visa Bulletin for individuals waiting to adjust status on the basis of an approved family-sponsored or employment-based immigrant visa petition. Please see our comprehensive article for guidance on using the immigrant visa bulletin as an adjustment of status applicant as well as how it applies to those waiting to apply for visas through consular processing [see article]. Please also see our blog for an explanation of the difference between application final action dates and dates for filing [see article].

Please see our posts on the April 2017 [see article] and March 2017 [see article] to observe the movement in the immigrant visa bulletin over the past few months.

FAMILY-SPONSORED CASES

The USCIS determined that those seeking adjustment of status based on an approved family-sponsored immigrant visa petition must use the application final action dates from the May 2017 Visa Bulletin. Notably, May will be the second month in 2017 when family-sponsored adjustment of status applicants are required to use the application final action dates instead of the more favorable dates for filing. As a result, an adjustment of status applicant will be able to file in May 2017 only if his or her priority date is before the applicable application final action date for his or her preference category and chargeability area. The following are the application final action dates for family-sponsored preference categories from the May 2017 Visa Bulletin [see here].

EMPLOYMENT-BASED CASES

The USCIS determined that those seeking adjustment of status based on an approved employment-based immigrant visa petition must use the application final action dates from the May 2017 Visa Bulletin. The beneficiary of an approved employment-based preference petition may file for adjustment of status if his or her priority date is before the applicable application final action date. For the following chart, please note that “C” stands for “current” (meaning that immigrant visa numbers are available regardless of priority date) and “U” stands for “unavailable.” Please see our discussion under the chart for a discussion of the unavailability of immigrant visa numbers in certain categories and chargeability areas. The following chart contains the application final action dates for employment-based preference categories from the May 2017 Visa Bulletin [see here].

The Employment Fourth Preference Certain Religious Workers (SR) and Employment Fifth Preference Categories (I5 and R5) are scheduled to expire on April 28, 2017. The authorization for these categories was extended until April 28 on December 10, 2016. Until the President signs legislation passed by Congress extending the programs, the DOS will list the categories as “unavailable.” This is because the DOS will not be authorized to issue visas in the SR or EB5 categories unless the programs are extended. It is generally expected that the programs will be extended, either with a short stop-gap measure or as part of a longer-term spending bill funding the government through September. If the programs are extended, we will update the website and the chart in this article with information to that effect. The DOS explains that if the SR and EB5 (I5 and R5) programs are extended, the final action dates will be as follows:

• SR (“Current” for all countries except El Salvador, Guatemala, Honduras, and Mexico, which would all be subject to a July 15, 2015 application final action date);
• I5 and R5 (“Current” for all countries except China-mainland born, which would be subject to a June 1, 2014 application final action date).

NEWS AND NOTES FROM THE VISA BULLETIN

Each edition of the DOS Visa Bulletin includes notes on immigrant visa trends and projections for the movement of application final action dates in future editions.

VISA AVAILABILITY IN EMPLOYMENT-BASED PREFERENCES

The DOS stated that demand in the employment-based first and second preference categories (EB1 and EB2) increased dramatically in the six weeks leading up to the publication of the May 2017 Visa Bulletin. Accordingly, the DOS explained that this “will require corrective action to hold number use within [] annual limits.”

The DOS stated that it will establish application final action dates for both China-mainland born and India in the EB1 preference category “in the near future.” There is “a chance” that once the date is established, it “might advance slowly through September.” The dates will go back to “Current” for the October 2017 Visa Bulletin, which will represent the first Visa Bulletin of fiscal year 2018.

For the EB2 category, the DOS stated that “Worldwide, El Salvador, Guatemala, Honduras, Mexico, and the Philippines can be expected to become oversubscribed no later than July.” The DOS noted that “it is possible that there could be some forward movement of the established Final Action Date by September.” The final action dates for all of these countries in the EB2 category will become “Current” on the October 2017 Visa Bulletin.

SPECIAL IMMIGRANT VISA AVAILABILITY

The DOS stated that it expects to exhaust the Special Immigrant Visas allotted under the Afghan Allies Protection Act of 2009, as amended, “not later than June 1, 2017.” Accordingly, effective June 2017, “the final action date for the SQ category for certain Afghan nationals employed by or on behalf of the U.S. government in Afghanistan will become 'Unavailable' effective June 2017.” The DOS stopped scheduling interviews for applicants in this category on March 1, 2017. It will not issue any visas for the category after May 30, 2017.

The SQ category for certain Iraqi nationals employed by or on behalf of the U.S. government in Iraq is unaffected. Accordingly, the date remains “Current.” However, the application deadline was September 30, 2014.

Finally, the DOS announced that the annual limit of 50 Special Immigrant Visas in the SI category for fiscal year 2017 was reached in December 2016. Accordingly, the final action date in this category will remain “Unavailable” until October 2017.

CONCLUSION

Beneficiaries of approved immigrant visa petitions should monitor the Immigrant Visa Bulletin, especially if intending to apply for a visa through adjustment of status. It is also wise to retain an experienced immigration attorney throughout the entire immigrant visa petitioning and application process.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Reaches H2B Cap for Fiscal Year 2017

On March 16, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H2B petitions to reach the congressionally mandated H2B cap for fiscal year (FY) 2017 [link]. The final receipt date for new H2B petitions requesting an employment start date for H2B workers before October 1, 2017, was March 13, 2017.

Accordingly, with limited exceptions, the USCIS will reject new H2B petitions received after March 13, 2017, that request an employment start date before October 1, 2017.

There are limited types of H2B petitions that are cap-exempt. Accordingly, the USCIS will continue to accept H2B petitions on behalf of the following H2B workers that are filed after March 13, 2017, requesting an employment start date before October 1, 2017:

• Current H2B workers in the United States petitioning to extend their stay and, if applicable, that change the terms of their employment or change their employers;
• Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
• Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009 until December 31, 2019

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

EOIR Announces That Immigration Judges Will Begin to Serve Details to Six Locations Starting March 20, 2017

On March 17, 2017, the Executive Office of Immigration Review (EOIR) announced that immigration judges will begin to serve details to six locations on March 20, 2017 [PDF version]. The EOIR made this decision as part of implementation of President Donald Trump's January 20, 2017 Executive Orders on border security and interior enforcement [see article]. It notes that all pleadings and other correspondence for cases assigned to any of the six new locations should still be filed with the listed Administrative Control Court. The following is a list of the six new locations referenced in the EOIR's news release:

DILLEY

​South Texas Family Residential Center

300 El Rancho Way

Dilley, Texas

Administrative Control Court — Pearsall Immigration Court

JENA

LaSalle Detention Facility

830 Pinehill Road

Jena, La.

Administrative Control Court — Oakdale Immigration Court

KARNES

​Karnes County Residential Center

409 FM 1144

Karnes City, Texas

Administrative Control Court — San Antonio Immigration Court

LAREDO

Laredo Processing Center

4702 E. Saunders

Laredo, Texas

Administrative Control Court — San Antonio Immigration Court

OTERO

​Otero County Processing Center

26 McGregor Range Road

Chaparral, N.M.

Administrative Control Court — El Paso Service Processing Center Immigration Court

POLK

Polk County Detention Center

3400 FM 350

Livingston, Texas

Administrative Control Court — Houston Service Processing Center Immigration Court

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

President Trump's Executive Order for Reorganizing the Executive Branch

On March 13, 2017, President Donald Trump issued Executive Order 13781, titled “Comprehensive Plan for Reorganizing the Executive Branch” [82 FR 13959]. Although this Executive Order does not deal with immigration policy specifically, its directives may affect executive branch agencies charged with administering the immigration laws. In this post, I will examine the Executive Order in brief and note how it may affect executive branch agencies involved in immigration policy and enforcement.

EXAMINING THE EXECUTIVE ORDER

In section 1 of the Executive Order, President Trump directs the Director of the Office of Management and Budget (Director of OMB) to propose a plan to reorganize governmental functions and eliminate unnecessary agencies, components of agencies, and agency programs. “Agency” is defined in 5 U.S.C. 551(1) [PDF version]. The purpose of this directive is to “improve the efficiency, effectiveness, and accountability of the executive branch…”

In section 2(a) of the Executive Order, President Trump directs the head of each agency to submit to the Director of OMB a proposed plan to reorganize the agency, if appropriate, in order to improve the efficiency, effectiveness, and accountability of the agency. These reports must be submitted within 180 days of the effective date of the Executive Order.

Section 2(b) directs the Director of OMB to publish a notice in the Federal Register inviting suggestions from the public regarding the organization and functioning of the executive branch. In section 2(c), President Trump directs the Director of OBM to, within 180 days of the closing date for the submission of suggestions under section 2(b), submit to him a proposed plan to reorganize the executive branch in order to improve the efficiency, effectiveness, and accountability of agencies. Where appropriate, the plan shall include recommendations to eliminate unnecessary agencies, components of agencies, and agency programs, as well as recommendations to merge the functions of agencies. Finally, the proposed plan will include recommendations for legislation or administrative measures that may be necessary to achieve the proposed reorganization.

In section 2(d) of the Executive Order, the President directs the Director of OMB to consider the following, in addition to any other relevant factors, in making his proposal to reorganize the executive branch as required in section 2(c) (paraphrased):

• (i) Whether some or all functions of an agency, a component, or program are appropriate for the Federal Government, or whether they would be better left to State or local governments or to the private sector.
• (ii) Whether some or all functions of an agency, a component, or a program are redundant.
• (iii) Whether certain administrative capabilities necessary for operating an agency, a component, or a program are redundant with those of another agency, component, or program.
• (iv) Whether the costs of continuing to operate an agency, a component, or a program are justified by the public benefits provided by the agency, component, or program.
• (v) The costs of shutting down or merging agencies, components, or programs. This includes the costs of addressing the equities of affected agency staff.

Finally, in section 2(e) of the Executive Order, President Trump directs the Director of OMB to meet with the head of each agency (and, consistent with applicable law, with persons outside the Federal Government with relevant expertise) in developing his proposed plan under section 2(c).

Section (3)(a) makes clear that the Executive Order does not impair or otherwise affect the authority granted by law to an executive department or agency, or the head thereof, or the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.

CONCLUSION

This Executive Order reflects a desire of the Trump Administration to closely scrutinize the costs and functions of departments and agencies within the purview of the executive branch. Under the Executive Order, the Director of OMB, Mick Mulvaney, will examine agencies involved in the enforcement of the immigration laws along with all other executive branch agencies. Accordingly, Director Mulvaney's report issued under section 2(c) of the Executive Order will likely contain recommendations affecting agencies involved with the immigration laws. However, until we see the report, it is unclear what these proposed changes will be. In light of President Trump's January 25, 2017 Executive Orders on border security and interior enforcement, and the memoranda of Secretary of Homeland Security John Kelly on their implementation, it would seem unlikely that agencies relating to the processing of immigration cases and immigration enforcement will be adversely affected as a result of Director Mulvaney's recommendations [see article].

Director Mulvaney is known for being a small government conservative and a budget hawk, so it would not be at all surprising to see him issue a report calling for significant action within the confines of existing law. Broadly, I look forward to seeing the recommendations that he issues after conducting the thorough review of the executive branch called for in President Trump's welcome Executive Order.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com