Trump Administration Proposes FY 2020 Refugee Cap of 18,000

President Donald Trump has proposed a refugee ceiling of 18,000 for fiscal year 2020, which is significantly lower than in previous years. The Acting Director of the United States Citizenship and Immigration Services (USCIS), Ken Cuccinelli, released a statement on the refugee ceiling [PDF version]. He placed the reduced refugee ceiling in the context of the “anticipated humanitarian workload on all fronts,” which references both the large number of asylum applicants at the southern border and USCIS's significant backlog of affirmative asylum applications. Refugee admissions have been down in recent years due to a variety of factors including reduced refugee caps and increased restrictions on refugee admissions from certain countries [see article].

To learn more about issues involving refugees generally, please see our growing section on asylum and refugee protection [see category].

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

October 2019 Visa Bulletin

Introduction

On September 9, 2019, the U.S. Department of State (DOS) published the Visa Bulletin for October 2019 — the first immigrant visa bulletin of fiscal year 2020 [PDF version]. The United States Citizenship and Immigration Services (USCIS) subsequently determined that nearly all family-sponsored and employment-based adjustment of status applications must use the favorable dates for filing from the October Visa Bulletin to determine eligibility for filing for adjustment of status during the month [PDF version]. The lone exception — the F2A preference — has current final action dates for October 2019.

In this article, we will examine the relevant charts and news and notes from the first visa bulletin of FY-2020. To learn about using the visa bulletin as an adjustment of status applicant generally, please see our introductory article on the subject [see article]. We discuss the difference between the final action dates and the dates for filing in an older post [see article]. You can see our past posts on monthly visa bulletins in a growing topic index [see article].

Family-Sponsored Cases

The USCIS determined that all family-sponsored foreign nationals seeking adjustment of status in October 2019 must use the dates for filling charts from the October 2019 Visa Bulletin, except those in the F2A category for the spouses and unmarried children under the age of 21 of lawful permanent residents, who must use the final action dates. However, because the final action dates in the F2A category are “current,” this news is not at all favorable to the spouses and children of lawful permanent residents.

In order to be eligible for adjustment of status based on an approved family-sponsored immigrant visa preference petition in October 2019, individuals in all categories except for F2A must have a filing date before the applicable filing date cutoff for their preference category and chargeability area. Because the final action date in the F2A category is current, any beneficiary of an approved F2A petition who is otherwise eligible for adjustment may file for adjustment in October 2019, regardless of priority date. An individual must meet the general requirements for eligibility to apply for adjustment of status in addition to having an early enough priority date under the October Visa Bulletin.

The priority date in family-sponsored cases is generally the date on which the underlying immigrant visa petition was properly filed on the alien's behalf with the USCIS.

The following, courtesy of the USCIS, are the final action dates for F2A cases in October 2019 [see article].

The following, courtesy of USCIS, are the dates for filing for all non-F2A cases from the October 2019 Visa Bulletin [see article].

Although non-F2A family-sponsored adjustment hopefuls must use the dates for filing in October 2019, we are including the final action dates for family-sponsored cases from the October 2019 Visa Bulletin below for reference purposes only [see article].

Employment-Based Cases

The USCIS has determined that the beneficiaries of approved employment-based preference petitions must use the dates for filing from the October 2019 Visa Bulletin. This comes as welcome news for beneficiaries of employment-based petitions seeking adjustment since they were required to use the less favorable final action dates for the last several months of the previous fiscal year.

In order to be eligible for adjustment of status in October 2019, the beneficiary of an approved employment-based preference petition must have a priority date earlier than the applicable filing date cutoff for his or her preference category and chargeability area. The individual must also be otherwise eligible to apply for adjustment of status.

In employment-based cases requiring labor certification, the priority date will generally be the date on which the corresponding labor certification application was accepted for processing by the U.S. Department of Labor (DOL). In cases not requiring labor certification, the priority date will generally be the date on which the immigrant visa petition was properly filed on the alien's behalf with the USCIS.

The following, courtesy of the USCIS, are the dates for filing for employment-based cases in October 2019 [see article].

For reference purposes only, the following are the final action dates for employment-based cases in October 2019 [see article].

Projections for Coming Months

The DOS published projections for forward movement in the final action dates in the coming months. The projections are made through January 2020. The DOS cautioned that it may need to set different final action dates than it currently projects due to fluctuations in applicant demand for visa numbers and other variables.

Family Sponsored Forward Movement Projections (Worldwide):

• F1: Up to two months
• F2A: Current, but corrective action should be expected by February 2020
• F2B: Up to six weeks
• F3: Up to one month
• F4: Up to six weeks

Employment First Forward Movement Projections:

• Worldwide: Up to three months
• China: Up to three months
• India: Up to one week

Employment Third Forward Movement Projections:

• Worldwide: Current
• China: Little if any forward movement
• India: Little if any forward movement
• Mexico: Will remain at Worldwide date
• Philippines: Up to several months

Employment Fourth:

• Current for most countries
• El Salvador, Guatemala, and Honduras: Little if any forward movement
• Mexico: Up to four months

Employment Fifth:

• Current for most countries
• China, India, and Vietnam: Too early to predict

Conclusion

Those seeking to immigrate to the United States or to petition for another to immigrate should consult with an experienced immigration attorney throughout the process. An attorney may help a foreign national apply for an immigrant visa through the consular processing process or through adjustment of status in the United States. Those seeking immigrant visas in one of the preference categories should stay abreast of the monthly immigrant visa bulletin. This is especially important for those who are planning to affirmatively apply for adjustment of status.

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 Proposes Changes to EAD Processes Based on Pending Asylum Applications

On September 6, 2019, the United States Citizenship and Immigration Services (USCIS) proposed a new rule to reform the process for adjudicating applications for employment authorization by those with pending asylum applications [PDF version]. You can read the proposed rule here [PDF version].

Under current regulations codified at 8 CFR 208.7(a)(1), the USCIS is required to adjudicate initial employment authorization requests by certain individuals with long-pending asylum applications within 30 days. The USCIS is proposing to do away with this 30-day requirement for adjudicating asylum applications filed on the basis of pending asylum applications. The proposed rule provides that the USCIS would grandfather in pending employment authorization requests at the time of a final rule.

The USCIS is also proposing to remove 8 CFR 208.7(d), which requires those seeking the renewal of employment authorization based on pending asylum applications to apply at least 90 days before the expiration of the current employment authorization document. The USCIS is proposing this change because of 2017 regulations which provide for automatic 180-day extensions of employment authorization in cases where the alien files an application to renew the employment authorization with the USCIS [see article].

The USCIS is accepting public comments on the proposals through November 8, 2019. It is important to reiterate that these changes are merely proposed rules, and until the USCIS publishes a final rule, the current regulations regarding employment authorization based on pending asylum applications remain in effect.

To learn more about asylee issues generally, please see our growing selection of articles on the subject [see category].

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

DHS Proposes Expansion of Social Media Vetting to Nine USCIS Forms

On September 4, 2019, the Department of Homeland Security (DHS) published a 60-day notice and request for comments on a proposal to extend social media vetting policies to additional immigration applications [PDF version]. We have discussed the U.S. Department of State's (DOS's) social media vetting policies for immigrant and nonimmigrant visa applicants undergoing consular processing in a separate article [see article]. DHS has been running pilot programs regarding social media vetting since at least December 2016 [see e.g. PDF version].[1]

The DHS's proposal would adopt nearly identical social media vetting policies for the following forms:

• Form N-400, Application for Naturalization
• Form I-131, Application for Travel Document
• Form I-192, Application for Advance Permission to Enter as a Nonimmigrant
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-589, Application for Asylum and for Withholding of Removal
• Form I-590, Registration for Classification as Refugee
• Form I-730, Refugee/Asylee Relative Petition
• Form I-751, Petition to Remove Conditions on Residence
• Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status

The DHS is accepting comments on the proposed information collection through November 4, 2019. The proposal would significantly expand social media vetting to several important types of USCIS forms, notably including applications for immigrant visas and adjustment of status, applications for asylum, and applications for naturalization.

Those seeking immigrant visa status in the United States should be aware that the Government may consider whether information on their social media profiles weighs against their being granted immigration benefits, status, or admission. In cases where social media vetting questions are asked, both DOS and DHS have stated that a failure to answer the questions may be counted against the applicant. A noncitizen may consult with an experienced immigration attorney for case-specific guidance and to ensure that his or her rights and interests are protected throughout the entire application process.

We will update the website with more information on social media vetting in the immigration benefits and application processes as it becomes available.

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. Brennan Center for Justice. “Timeline of Social Media Monitoring for Vetting by the Department of Homeland Security and the State Department.” Brennan Center for Justice. Updated Sep. 9, 2019. https://www.brennancenter.org/analysis/timeline-social-media-monitoring-vetting-department-homeland-security-and-state-department

Lawyer website: http://myattorneyusa.com