16 Dec 2021

January 2022 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the January 2022 Visa Bulletin. There is very little movement in January from the December 2021 visa bulletin. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for all countries of chargeability. Employment-Based, Second Preference (EB2)...

16 Dec 2021
09 Dec 2021

Have there been any updates on the status of the EB5 program? Is it still possible to qualify for EB5 based on an investment of $500,000, or has the investment requirement changed?

Answer No, there have not been any recent changes. For now, we are still waiting to see what Congress will do regarding reauthorization of the EB5 regional center program. Congress passed a continuing resolution to keep the government funded through February 18, 2022. The hope is...

18 Nov 2021

My I-140 is approved, but I am working overseas. How can I tell if my priority date is current? Do I use the dates for filing chart, or the final action chart?

Answer For I-140 petitions filed for consular processing, the dates for filing (DF) chart indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The immigrant visa cannot be issued by the consulate until one's priority date...

11 Nov 2021

I filed an EB3 downgrade case, and my I-485 is still pending. I read online that, if my EB2 case becomes current and my I-140 was filed as a new petition rather than as an amendment, the USCIS will automatically adjudicate my case as EB2. Is that correct?

Answer We had a similar question several weeks ago, and our response may not have been sufficiently nuanced. Our general recommendation is that, if an EB3 downgrade case has been filed and later the individual wishes to return to EB2, some action should be taken. For...