EB-2 Special Handling for Teachers Processing Times

As of January 2015

The processing times listed below are posted by the Department of Labor and United States Citizenship and Immigration Services. This does not reflect Global Human Resources' processing time.

*Eligible for Premium Processing

December 2014 Visa Bulletin: Advancements for EB-3 China and Worldwide

From Fragomen.com, 11/07/2014

According to the State Department’s December Visa Bulletin, the EB-3 subcategory for professionals and skilled workers will move ahead by five months for most countries with the exception of India. EB-3 China will advance to June 1, 2010 and EB-3 worldwide will advance to November 1, 2012 for most other countries. EB-3 India will move ahead by just one week, to December 1, 2003. 

As expected, EB-2 China will advance by three weeks, to January 1, 2010, and EB-2 India will remain at February 15, 2005. 

December 2014 Priority Date Cut-Offs 
In December 2014, EB immigrant visa priority date cut-offs will be: 

EB-1 
Current for all countries. 

EB-2 
China: January 1, 2010 
India: February 15, 2005 
All other countries: Current 

EB-3 Professionals and Skilled Workers 
China: June 1, 2010 
India: December 1, 2003 
All other countries: November 1, 2012 

EB-3 Other Workers 
China: July 22, 2005 
India: December 1, 2003 
All other countries: November 1, 2012 

EB-5 
Current for all countries and subcategories. 

State Department Projects Significant Movement for EB-2 India in the Coming Months

From Fragomen.com, 06/03/2014

The priority date cut-off for EB-2 India could advance by nearly five years, to an early summer 2009 date, by the September Visa Bulletin. EB-2 China is projected to move forward by five weeks per month for the remainder of the fiscal year, but EB-3 China will remain static and could retrogress further if demand does not subside. EB-5 China may become unavailable in August or September, but is expected to become current when FY 2015 begins on October 1. 

The nearly five-year surge in India EB-2 availability is due to the application of unused immigrant visas in the EB-1 and EB-2 worldwide categories, according to Charles Oppenheim, the senior State Department official responsible for visa control. EB-3 India is projected to advance slowly, by one week per month, through the end of the current fiscal year. EB-3 China is expected to move forward slowly during FY 2015. Rapid advancement is anticipated for EB-3 Philippines in the last months of the fiscal year, but EB-3 for all other countries is expected to hold at current cut-off dates. 

What This Means for Employers and Foreign Nationals 

Now would be a good time for employers and their immigration counsel to carefully review the priority dates for Indian employees with approved I-140 petitions but who have been unable to pursue adjustment of status applications due to retrogression. As we have seen in the past, there may only be a small window of time when before the EB-2 cut-off dates again move backwards. In addition, many long-pending adjustment applications may be approved during this surge. 

The exact cut-off date will not be known until the State Department releases a Visa Bulletin announcing the advancement. The Bulletin is usually issued about three weeks before the month to which it applies. 

When their priority dates become current, adjustment applicants with pending cases may need to provide supplemental documentation so that U.S. Citizenship and Immigration Services can finalize their cases. Applicants could be asked to provide updated job letters from their employer-sponsors and may need to attend another biometrics appointment so that new fingerprints can be taken. Updated medical certificates may also be required. 

January 2014 Visa Bulletin

From Fragomen.com, 12/12/2013

EB-3 Cut-Off Dates Advance Significantly for Most Countries; No Forward Movement for EB-2 and EB-3 India

According to the State Department’s January Visa Bulletin, the EB-3 subcategory for professionals and skilled workers will advance by six months, to April 1, 2012, for China and most countries. EB-3 India will remain at September 1, 2003. 

The EB-3 other worker subcategory will also advance by six months, to April 1, 2012, for most countries, with the exception of a one-month advance for the Philippines to February 15, 2007, but EB-3 India will remain at September 1, 2003. 

As previously reported, EB-2 India will remain at November 15, 2004, due to available numbers being exhausted. EB-2 China will advance by one month, to December 8, 2008. 

In the family-based F-2A category for the spouses and minor children of lawful permanent residents, the cutoff date will remain at September 8, 2013 for all countries except for Mexico, which will remain at September 1, 2013. The category was current for two months earlier this year but had a cut-off date imposed as of October 1. 

January 2014 Priority Date Cut-Offs 

In January 2014, EB immigrant visa priority date cut-offs will be: 

EB-1 
Current for all countries. 

EB-2 
China: December 8, 2008 
India: November 15, 2004 
All other countries: Current 

EB-3 Professionals and Skilled Workers 
China: April 1, 2012 
India: September 1, 2003 
Philippines: February 15, 2007 
All other countries: April 1, 2012 

EB-3 Other Workers 
China: April 1, 2012 
India: September 1, 2003 
Philippines: February 15, 2007 
All other countries: April 1, 2012 

EB-5 
Current for all countries and subcategories. 

November EB-2 India Numbers Exhausted Faster Than Anticipated

From Fragomen.com, 12/03/2013

Due to the unprecedented demand for EB-2 India immigrant visa (IV) numbers, foreign nationals with priority dates between November 2004 and June 2008 may not have had their cases processed to completion last month. November's available numbers were exhausted earlier than expected, according to the State Department official responsible for visa control. 

On November 20, 2013, DOS ceased allocating visa numbers to EB-2 India adjustment of status applications with priority dates after November 2004, the cut-off date in the December Visa Bulletin. November’s cut-off date was June 2008, but those IVs were exhausted quickly, with the State Department receiving up to 150 visa number requests per day. The majority of the available numbers were allocated to cases in which the beneficiary had established a priority date in the EB-3 category and now qualified for an upgrade to EB-2. 

Future Movement in EB-2 India 

As we reported previously, the cut-off date for EB-2 India is expected to remain at November 2004 for the next several months. It is possible that in August or September 2014, the cut-off date for EB-2 India will advance again to around December 2008. 

However, these are only projections, highly subject to change based on usage or new developments. The following factors may affect forward movement for EB-2 India:

§  Volume of allocated EB-2 India IVs for those with priority dates before November 2004;

§  Volume of worldwide upgrades from EB-3 to EB-2;

§  Available of unused IVs from other employment-based categories; and

§  The decreased worldwide quota, which is approximately 8,000 less than last year.

Employers and beneficiaries are reminded that predictions from DOS are based on current information but are subject to change according to fluctuations in demand. 

What the November Exhaustion Means for Foreign Nationals 

If you are a foreign national with an EB-2 India priority date between November 2004 and June 2008, your adjustment application may not have been approved in November, even though your priority date appeared to be current. Your application should remain pending until the priority cut-off date advances. The State Department projects that this could occur in August or September 2014, although forward movement is not guaranteed and depends on visa number usage. Until the EB-2 India cut-off date advances, you and your family members should continue to be eligible for employment authorization and advance permission to travel as adjustment applicants. 

The number of adjustment applications affected by the early exhaustion in November is unknown. EB-2 immigrant visa numbers remain available for cases with priority dates of November 2004 and earlier. 

August 2013 Visa Bulletin

August 2013 Visa Bulletin: EB-2 India Will Advance Significantly

According to the State Department’s August Visa Bulletin, the priority date cut-off for EB-2 India will advance by three years and four months, to January 1, 2008.The State Department is advancing priority dates for this categories to ensure that quotas are fully used by the end of the fiscal year. 

There will be no movement for most other backlogged employment-based categories. EB-2 China will remain at August 8, 2008. EB-3 will remain at January 22, 2003 for India and January 1, 2009 for China and most other countries. EB-3 priority dates for the Philippines will see the only advancement next month, to October 22, 2006. 

August 2013 Visa Bulletin, Employment Based Categories

See the entire bulletin here: http://travel.state.gov/visa/bulletin/bulletin_6028.html

USCIS Issues Numerous Requests for Evidence on Pending I-485 Applications

From Morgan Lewis, 06/25/2013

Identical requests on Adjustment of Status applications have been issued specifically to EB-2 applicants chargeable to India

On June 13, the U.S. Citizenship and Immigration Service (USCIS) began issuing a substantial number of identical Requests for Evidence (RFEs) on pending employment-based I-485 Adjustment of Status applications. The RFEs are dated June 13 and June 14, and applicants and their attorneys have now begun to receive hard copies of the RFEs.

The RFEs all appear to have originated from the USCIS's Texas Service Center and have been issued specifically to EB-2 applicants chargeable to India. The RFEs request the following: (1) evidence of continuous employment authorization in the United States from the date of filing through the present and (2) a currently dated verification of employment letter.

In some cases, these requests have been issued to derivative applicants whose eligibility for adjustment does not necessitate an employment offer or valid work authorization.

Continuous Work Authorization

The RFEs request proof of an applicant's continuous employment authorization in the United States from the date that the I-485 application was filed through the present. The nature of the requests suggests that the USCIS is closely scrutinizing whether adjustment applicants have been employed without authorization during the time that their I-485 applications have been pending. Accordingly, applicants and their attorneys should ensure that a complete history of employment authorization is provided with each RFE response.

Verification of Employment Letter

The RFEs also request a currently dated employment verification letter from the applicant's original employer or, in the case of adjustment portability applicants, from the applicant's new employer. The employment verification letters must include the applicant's title, job duties, minimum education or training requirement, dates of employment, and salary offered. In addition, the letters must be printed on company letterhead and bear an original signature by a person authorized to confirm an offer of permanent employment.

Derivative Applicants

In some cases, these RFEs have been issued to derivative adjustment applicants and have included the following erroneous language: "You are an Employment-Based Principal Applicant" and "A valid job offer may be required for your adjustment." Derivative applicants in receipt of these RFEs are being asked to provide proof of continuous work authorization and verification of employment letters. Often, derivative applicants (particularly dependent children) have never applied for work authorization. Moreover, neither of these items is required for adjustment eligibility for derivative applicants under the regulations. It is unclear what the USCIS's reasoning was in issuing these RFEs to derivative applicants; the USCIS may have simply utilized an identical template without regard to context.

Frequent Travel Abroad and Abandonment of Lawful Permanent Resident Status

From AILA, 12/17/2012

There is a common misunderstanding that simply returning to the United States once every six months will preclude a finding that one has abandoned his or her lawful permanent residency. Whether an LPR has abandoned permanent residency, however, is not based solely upon the length of time spent outside of the U.S.

Customs and Border Protection (CBP) representatives have confirmed that "CBP officers are less focused on the length of time abroad and more on where does the person actually live." According to the representatives, CBP officers will look at the totality of the circumstances, including "how many years the person has lived in the U.S.; whether the person is employed in the U.S. or abroad; where family members live; [and] whether U.S. taxes have been paid."

CBP representatives have also indicated that "[d]omicile is the major issue for WAS CBP inspectors, so the applicant should have evidence with him/her of where s/he lives."

The CBP Inspector’s Field Manual (“IFM”) similarly explains that the length of time spent abroad is not the sole indicator of abandonment. The IFM notes that other indicators of possible abandonment are “employment abroad, immediate family members who are not permanent residents, arrival on a charter flight where most passengers are non-residents with return passage, lack of a fixed address in the U.S., or frequent prolonged absences from the U.S.” In questionable cases, the IFM advises officers “to ask for other documentation to substantiate residence, such as a driver’s license and employer identification cards.”

Implementation of New USCIS Immigrant Fee

From USCIS, 12/13/2012

New fee allows USCIS to recover the costs of processing immigrant visas after individuals receive their visa packages from the Department of State abroad

WASHINGTON—On Feb. 1, 2013,U.S. Citizenship and Immigration Services (USCIS) will begin collecting a new USCIS Immigrant Fee of $165 from foreign nationals seeking permanent residence in the United States. This new fee was established in USCIS’s final rule adjusting fees for immigration applications and petitions announced on Sept. 24, 2010.

USCIS has worked closely with the Department of State (DOS) to implement the new fee which allows USCIS to recover the costs of processing immigrant visas in the United States after immigrant visa holders receive their visa packages from DOS. This includes staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card. The implementation of this new fee is further detailed in a Federal Register notice.

In order to simplify and centralize the payment process, applicants will pay online through the USCIS website after they receive their visa package from DOS and before they depart for the United States. DOS will provide applicants with specific information on how to submit payment when they attend their consular interview. The new fee is in addition to fees charged by DOS associated with an individual’s immigrant visa application.

USCIS processes approximately 36,000 immigrant visa packages each month. Prospective adoptive parents whose child will enter the United States under the Orphan or Hague processes are exempt from the new fee.

For more information visit our USCIS Immigrant Fee webpage.