Visa Bulletin for May 2018

Introduction

On April 6, 2018, the U.S. Department of State (DOS) released the Visa Bulletin for May 2018 [PDF version]. The May 2018 Visa Bulletin contains dates for filing and application final action dates for beneficiaries of approved family-sponsored and employment-based immigrant visa preference petitions in that month. On April 16, 2018, the United States Citizenship and Immigration Services (USCIS) determined that beneficiaries of approved family-sponsored preference petitions must use the filing dates from the May 2018 Visa Bulletin in order to determine whether they are eligible to apply for adjustment of status, whereas similarly-situated beneficiaries of approved employment-based petitions must use the later final action dates [PDF version]. In this article, we will examine the relevant charts and the important news and notes from the May 2018 Visa Bulletin.

If you are not familiar with how the visa bulletins work, we have resources on site that provide background information. Please see our full articles on using the visa bulletin as an individual seeking adjustment of status [see article] and our post on the difference between the filing date and final action date charts [see article]. To track the progression of past visa bulletins, please see our index article with links to our posts throughout the past two fiscal years [see index].

Family-Sponsored Cases in the May 2018 Visa Bulletin

Beneficiaries of approved family-sponsored immigrant visa preference petitions who intend to seek immigrant visas through adjustment of status must use the filing date chart from the May 2018 Visa Bulletin in order to determine if they are eligible to file for adjustment of status during the month.

In order to be eligible to file for adjustment of status in May 2018, the beneficiary of the approved family-sponsored immigrant visa petition must have a priority date that is before the applicable filing date for his or her family-sponsored preference category and chargeability area. Furthermore, the individual must otherwise be eligible to apply for adjustment of status from inside the United States. In family-sponsored cases, the filing date is generally the date on which the immigrant visa petition was properly filed with the USCIS.

The following chart contains the filing dates for family-sponsored cases in May 2018, courtesy of the USCIS [see here].

As we explained, those seeking adjustment of status based on an approved family-sponsored preference petition must use the filing dates in May 2018. However, for your reference, we will also post the final action dates for family-sponsored cases in May 2018. In addition to providing an idea for when those seeking their immigrant visas through consular processing may have their interviews scheduled, it is possible that family-sponsored adjustment of status applicants will be required to use the final action dates in the latter months of the current fiscal year.

The following chart contains the final action dates for family-sponsored cases in May 2018, courtesy of the DOS [see here].

There is no annual numerical limit on the number of immigrant visas that may be allocated to immediate relatives of U.S. citizens. Accordingly, the visa bulletin does not cover immediate relative cases. A U.S. citizen may file an immediate relative petition on behalf of his or her spouse, unmarried child under 21 years of age, parent (provided U.S. citizen is older than 21), or orphan to be adopted abroad or in the United States.

Employment-Based Cases in the May 2018 Visa Bulletin

Beneficiaries of approved family-sponsored immigrant visa preference petitions who intend to seek immigrant visas through adjustment of status must use the final action date chart from the May 2018 Visa Bulletin in order to determine if they are eligible to file for adjustment of status during the month.

In order to be eligible to file for adjustment of status in May 2018, the beneficiary of the approved employment-based immigrant visa petition must have a priority date that is before the applicable filing date for his or her employment-based preference category and chargeability area. Furthermore, the individual must otherwise be eligible to apply for adjustment of status from inside the United States. In employment-based cases where labor certification was required, the priority date will generally be the date on which the labor certification application was approved by the U.S. Department of Labor (DOL). For employment-based cases for which labor certification was not required, the priority date will generally be the date on which the petition was properly filed with the USCIS.

The following chart contains the final action dates for employment-based cases in May 2018, courtesy of the USCIS [see here].

Please note that a final action date of “C” means that the date is “current.” In any preference category and chargeability area for which the final action date is current, any beneficiary of an approved immigrant visa petition may apply for adjustment of status in May 2018, provided that he or she otherwise meets the statutory requirements for adjustment.

Followers of the visa bulletin will note that May marks the first month that Vietnam has been added as a distinct chargeability area. The only categories in which Vietnam diverges from the worldwide final action dates are the two employment-based fifth preference investor categories. To learn more about why the DOS had to set a distinct final action date for Vietnam EB-5, please see our blog on the issue [see blog].

News and Notes from the May 2018 Visa Bulletin

As it has on every edition of the monthly visa bulletin in fiscal year-2018, the DOS noted that it expects to reach the annual limit of 50 Special Immigrant Visas in the SI category “early this year.” For this reason, DOS continues “to maintain a May Final Action Date of April 22, 2012” in this category. Once the 50-visa annual limit has been reached, the final action date will become “unavailable” until the start of the next fiscal year in October. The SQ Special Immigrant Visa for certain Iraqi and Afghan nationals employed on behalf of the U.S. government in Iraq or Afghanistan remains current.

Conclusion

Those seeking immigrant visas in one of the family-sponsored or employment-based preferences should monitor developments in the immigrant visa bulletin. This is especially important for those planning to apply for adjustment of status based on an approved immigrant visa preference petition. Those seeking immigrant visas are well advised to consult with an experienced immigration attorney for answers to any case-specific questions and guidance throughout the entire 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

New E-Verify.gov Website

On April 10, 2018, the United States Citizenship and Immigration Services (USCIS) announced the launch of its new E-Verify website, E-Verify.gov. You may see the USCIS news release here: [PDF version]. We previously discussed E-Verify's move to a new interface in an article published on March 20, 2018 [see article].

The new E-Verify.gov website promises to be more user friendly than previous versions. The USCIS explains that it will provide information about both E-Verify and Form I-9 Employment Eligibility Verification.

The E-Verify.gov website “allows employers to enroll in E-Verify directly and permits current users to access their accounts.” All users with existing myE-Verify accounts can access their accounts through the new E-Verify.gov website.

Employers may consult the new E-Verify website at E-Verify.gov for more information. The following is a PDF version of the E-Verify website homepage as of April 10, 2018 with information about the E-Verify program: [PDF version].

Employers or foreign national employees with specific questions about employment authorization or any other issues regarding employment eligibility should consult with an experienced immigration attorney.

Please see our related post on how E-Verify employers may apply to use the E-Verify trademark on certain business materials [see article].

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

Queens Immigration Attorney Faces Federal Charges for Asylum Fraud

On March 28, 2018, the office of the United States Attorney for the Southern District of New York announced that it had charged Andreea Dumitru, an immigration attorney in Queens, New York, with asylum fraud and making false statements. The press release is titled “Queens Immigration Attorney Charged With Asylum Fraud” [PDF version]. You may read the indictment here: [PDF version].

The Indictment alleges that Dumitru participated in a scheme to file fraudulent Forms I-589, Application for Asylum and for Withholding of Removal, in connection with applications for asylum she had filed on behalf of her clients between 2012 and 2017. During this time, Dumitru is alleged to have submitted over 180 asylum applications in which she knowingly made false statements and representations. These false statements and representations are alleged to include information about “the applicants' criminal histories, personal narratives of alleged persecution, and/or locations.” In each case, Dumitru certified the application as true and correct under penalty of perjury.

Dumirtu was charged with one count of asylum fraud, for which she faces 10 years' imprisonment. She was also charged with one count of making false statements, for which she faces 5 years' imprisonment.

The DOJ news release reminds readers that “[t]he charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.”

Thoughts

As the DOJ noted, Dumitru is presumed innocent until proven guilty. However, regardless of the ultimate disposition of this particular case, the charges serve to remind readers that making knowingly fraudulent, false, or misleading representations to the Government may result in serious criminal penalties, in addition to purely civil immigration penalties in other contexts. As we have noted on site, “immigration attorneys [] have an ethical duty to not willfully present a fraudulent case to a tribunal” [see section]. The overwhelming majority of immigration attorneys follow this ethical imperative. Accordingly, an individual should take pause of an attorney ever encourages him or her to make false statements and representations in any immigration matter, for in addition to being illegal, an individual may face severe civil and criminal consequences for such representations in his or her own right.

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

Pew Research Center Publishes H1B Statistics from FY 2010-2016

On March 29, 2018, the Pew Research Center published interesting statistics on the H1B program titled “East Coast and Texas metros had the most H-1B visas for skilled workers from 2010 to 2016.”[1]

The report looked at H1B visa approvals from fiscal year 2010 through fiscal year 2016, and broke down the numbers by metropolitan area. In this article, we will briefly examine some of the most interesting findings in the report.

In total, Pew found that over 859,600 H1B applications were approved over the period covered. 29% of all H1B visa approvals from 2010 to 2016 were for petitions filed by employers in the New York-Newark-Jersey City (NY-NJ-PA) metropolitan area. Coming in at second was the Dallas- Fort Worth-Arlington (Tx) metropolitan area with 74,000 H1B approvals. The Washington-Arlington-Alexandria (DC-VA-MD-WV) metropolitan area was third with 64,800 approvals. No other metropolitan area had over 38,300. The discrepancy in raw numbers between New York and all other metropolitan areas is unsurprising when considering the fact that the New York-Newark-Jersey City metropolitan area is the largest metropolitan area in the United States by a wide margin. In total, Pew found that over 859,600 H1B visa were approved over the period covered.

While the New York-Newark-Jersey City metropolitan area had the highest number of total H1B approvals, it was only fourth in terms of H1B approvals per 100 workers, coming in with 2.501 approvals per 100. The College Station-Bryan (Tx) metropolitan registered 31.847 H1B approvals per 100 workers, which not only led the country but was over 6.5 times as many approvals per 100 workers as the metropolitan area that came in second, Trenton (NJ) (4.857 approvals per 100 workers).

In total, foreign workers who were approved for H1B visas earned an average of $80,600 from 2010-2016. The Bridgeport-Stamfort-Norwalk (CT) metropolitan area led the country with an average salary of $100,200 for its 6,300 H1B approvals. Among the six metropolitan areas with at least 30,000 H1B approvals, the Boston-Cambridge-Newton (MA-NH) metropolitan area had the highest average salary at $88,100. The New York-Newark-Jersey City metropolitan area saw its H1B approvals earn an average of $80,000.

The Pew article found that 49% of H1B approvals were for foreign workers with an advanced degree earned either in the United States or abroad. The vast majority of these advanced degrees were earned abroad. Erie (PA) saw the most approvals with advanced degrees at 75% of its 700 approvals. Among the six metropolitan areas with at least 30,000 H1B approvals, the Boston-Cambridge-Newton metropolitan area had the highest number of approvals with advanced degrees in total (61%) and advanced degrees from the United States (20%). The numbers for the New York-Newark-Jersey City metropolitan area were 47% and 13% respectively. The San Diego-Carlsbad (CA) metropolitan area had the highest number of approvals with U.S. advanced degrees, coming in at 28% out of 1,800 H1B approvals.

Those who are interested in reading more should see the original article for Pew's detailed charts and analysis. Interestingly, Pew's data shows that the majority of H1B approvals from 2010-2016 were concentrated in East Coast and Texas metropolitan areas. This finding may come as a surprise to some who primarily associate the H1B program with Silicon Valley in California.

Petitioners and beneficiaries should consult with an experienced immigration attorney for case-specific guidance on specific H1B cases. This counsel is especially important in light of recent changes made by the Trump Administration to more carefully scrutinize H1B petitions.

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.

1. Ruiz, Neil G. and Jens Manuel Krogstad. “East Coast and Texas metros had the most H-1B visas for skilled workers from 2010 to 2016.” Pew Research Center. Mar. 30, 2018. https://pewrsr.ch/2J3n8JH

Lawyer website: http://myattorneyusa.com