1. What is the purpose of the Department of State Visa Bulletin in processing visa applications?
The Department of State Visa Bulletin is used to track the availability and processing times of visas for foreign nationals seeking to temporarily or permanently enter the United States. The Bulletin is updated monthly and provides information on when an application can be filed, when a visa is available, and the estimated processing times for visas. The Visa Bulletin also helps individuals who are currently in the U.S. determine if they are eligible for a change in immigration status or a new visa category.
2. How does the Department of State Visa Bulletin affect visa processing times?
The Department of State Visa Bulletin affects visa processing times by providing information on the availability of immigrant visas (green cards) by country and preference category. The bulletin is updated monthly and lists the current priority dates for each category. Priority dates refer to the date when a person first expressed interest in immigrating to the United States. Those with priority dates earlier than the ones published in the bulletin can proceed with their applications, while those with later priority dates may have to wait due to visa numbers being oversubscribed.
3. How do Employment-Based Preference categories affect visa processing times?
Employment-Based Preference categories affect visa processing times by prioritizing certain categories of applicants for visas. These categories are based on the qualifications of the applicant, the applicant’s job offer, and the employer’s need for the applicant’s skills. Generally, applicants in the Employment First preference category have shorter wait times than other categories. On the other hand, applicants in Employment Fourth and Fifth preferences typically have longer wait times. The Department of State publishes visa bulletin that provides a list of current visa processing times for each Employment-Based Preference category.
4. What are the criteria for determining priority dates for Employment-Based categories in NVC processing?
The priority date is the date when a foreign national’s permanent resident application was properly filed. The U.S. Department of State (DOS) uses the priority date to determine which foreign nationals are eligible to proceed with the immigrant visa process. The priority date for Employment-Based categories is the date that the U.S. Citizenship and Immigration Services (USCIS) approved the I-140 Immigrant Petition for Alien Worker, or the date that labor certification was filed with the Department of Labor (DOL).
5. Can applicants change their preference categories during NVC processing?
Yes, applicants can change their preference categories during NVC processing. This can be done by submitting a form and providing documentation to support the change.
6. What are the requirements to apply for a visa through an Employment-Based category?
The requirements to apply for a visa through an Employment-Based category vary depending on the category. Generally, applicants must possess the necessary qualifications and skills to fill a specific job position, obtain an approved labor certification, and secure an immigrant petition that is based on a valid job offer from an employer. The individual must also meet the qualifications of the specific visa category, such as education, training, and/or experience in the field of work. Additionally, applicants must meet any other requirements of the particular visa category and demonstrate that they do not pose a risk to the public safety or security of the United States.
7. What are the different Employment-Based categories and how do they affect visa processing times?
The five employment-based categories for visa processing are:
1. EB-1: Priority Workers – These visas are reserved for individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers. Processing times for EB-1 visas are typically shorter than other employment-based categories.
2. EB-2: Professionals Holding Advanced Degrees or Persons of Exceptional Ability – These visas are reserved for individuals who possess an advanced degree or exceptional ability in the sciences, arts, or business. Processing times for EB-2 visas can vary significantly depending on the country of origin.
3. EB-3: Skilled Workers and Professionals – This category is reserved for professionals, skilled workers, and other workers. Processing times for EB-3 visas depend on the country of origin and current demand for the visa from that country.
4. EB-4: Certain Special Immigrants – This category is reserved for certain special immigrants including religious workers, foreign medical graduates, and those with extraordinary ability in the sciences or arts. Processing times for EB-4 visas can vary significantly depending on the country of origin.
5. EB-5: Investors – This category is reserved for foreign investors who invest at least $500,000 in a U.S. commercial enterprise that creates at least 10 full-time jobs for U.S. workers. Processing times for EB-5 visas can vary significantly depending on the investor’s country of origin and the amount of investment made in the U.S. commercial enterprise.
8. How does the Department of State Visa Bulletin determine the availability of visas for Employment-Based categories?
The Department of State Visa Bulletin determines the availability of visas for Employment-Based categories by assessing the visa demand for the given month. This is done by measuring the number of pending visa petitions and visa numbers available. The Visa Bulletin assigns priority dates to petitions that have been filed and are waiting for a visa, and gives preference to those with earlier priority dates. The priority date is assigned based on the petition filing date, with the earlier date having priority. Visa numbers are then assigned in order of the priority dates, with those with earlier dates receiving visas before those with later dates. The priority dates and visa number availability are then updated every month on the Department of State Visa Bulletin.
9. What are some common issues that can delay visa processing under an Employment-Based category?
Common issues that can delay visa processing under an Employment-Based category include problems with the documentation submitted, errors in the paperwork, and failure to demonstrate that the position being filled is not displacing a US worker. Additionally, an employer’s failure to provide sufficient evidence that the foreign employee is qualified for the position, or that the employer has the ability to pay the offered wage, can lead to delays. Other issues that can potentially lead to delays include unqualified or incomplete labor certifications, or other errors in the labor certification process. Finally, if the foreign employee has any criminal history or security concerns, these can all contribute to a delay in visa processing.
10. What are the advantages and disadvantages of filing a visa application through an Employment-Based category?
Advantages:
• Gives companies the ability to hire foreign workers to fill specialized positions that would otherwise be difficult to fill with local talent
• Companies gain access to a larger pool of qualified applicants
• Can provide a pathway to permanent residency in the US for foreign workers
Disadvantages:
• Costly and time-consuming process for both the employer and the foreign worker
• Difficult to prove that there are no equally qualified US workers available
• Time-sensitive process that can be delayed due to paperwork and bureaucracy
11. What is cutoff date in the Visa Bulletin and how does it affect NVC processing?
The cutoff date in the Visa Bulletin is the last date in which a person can be eligible for a green card. It affects NVC processing because applicants must meet the stated requirements of the cutoff date in order to have their application forwarded to the NVC for review. If the applicant does not meet the stated requirements of the cutoff date, then their application will not be forwarded to the NVC and instead will remain in a backlog until such time as their priority date is eligible.
12. How long does it take to receive a visa from an Employment-Based category in NVC processing?
Generally, it can take anywhere from six to twelve months to receive a visa from an Employment-Based category in NVC processing. However, the actual timeline is dependent on the particular visa category and the country of origin.
13. What documents are required to complete NVC processing under an Employment-Based category?
Documents required to complete NVC processing under an Employment-Based category include:
1. Form I-140, Immigrant Petition for Alien Worker
2. A labor certification approved by the Department of Labor
3. Proof of legal entry into the United States and current immigration status
4. Birth certificate
5. Marriage and/or divorce certificates, if applicable
6. Two passport-style photos
7. An affidavit of support, Form I-864
8. Form I-485, Application to Register Permanent Residence or Adjust Status
9. Evidence of qualifications, such as educational diplomas or transcripts, professional licenses, or other documents to prove job experience, skills, etc.
14. What are the fees associated with NVC processing for an Employment-Based category?
The fees associated with NVC processing for an Employment-Based category include an I-130 Petition fee of $535, a visa application fee of $325, and a fraud prevention and detection fee of $500. Additionally, depending on the type of visa, there may be additional fees such as the USCIS Immigrant Fee ($220) and the USCIS Affidavit of Support Fee ($88).
15. What are the steps to complete NVC processing for an Employment-Based category?
1. Submit the Form I-140 Immigration Petition for Alien Worker, the immigrant’s Prevailing Wage Determination, as well as all required supporting documentation to the United States Citizenship and Immigration Services (USCIS).
2. After the USCIS approves the Form I-140 petition, it will forward the case to the National Visa Center (NVC) for further processing.
3. The principal immigrant must pay the appropriate fees to cover the NVC processing.
4. The immigrant must submit a Form DS-261, Choice of Address and Agent, to the NVC in order to provide contact information for themselves and their representative (if they have one).
5. The NVC will then send out an Immigrant Visa Fee Bill which must be paid before an interview can be scheduled.
6. The NVC will then send out a “Packet 3” of documents to the immigrant that must be completed and sent back within 60 days.
7. The NVC will review these documents and, if everything is in order, proceed with final processing and scheduling of an immigrant visa interview at the U.S. Embassy or Consulate that has jurisdiction over the foreign national’s residence abroad.
8. The foreign national must attend their interview at the Embassy or Consulate abroad in order to receive their immigrant visa and be allowed entry into the United States under their employment-based category.
16. Are there any special considerations that should be taken into account when applying through an Employment-Based category?
Yes. When applying through an Employment-Based category, applicants should consider the labor market conditions in their area and the availability of visas in each category. Applicants should also consider the requirements of each category and the specific criteria for each position they are applying for, such as experience, training, and qualifications. Additionally, applicants should be aware of the processing times for each category, as well as potential fees.
17. Is it possible to expedite NVC processing for an Employment-Based category visa application?
Yes, it is possible to expedite NVC processing for an Employment-Based category visa application. The U.S. Department of State’s National Visa Center (NVC) may expedite Employment-Based cases at the request of the foreign national or the petitioner if the applicant is facing extraordinary and compelling circumstances, such as a severe medical condition or extreme financial hardship.
18. What is Priority Date Retrogression and how does it affect NVC processing times?
Priority Date Retrogression occurs when there are more immigrant visa applications than the number of visas Congress has made available for a particular category of visa. When this occurs, the priority date of the applicants in the backlogged category moves backward or “retrogresses” to a date earlier than the cut-off date established by the U.S. Department of State. This means that applicants with priority dates after the new cut-off date will not be able to receive their visa until their priority date is earlier than the cut-off date. This retrogression greatly affects NVC processing times, as all applications in a backlogged category are put on hold, meaning NVC will not be processing any applications with priority dates after the cut-off date until further notice.
19. Are there any restrictions or limitations on who can apply for a visa through an Employment-Based category?
Yes, there are restrictions and limitations on who can apply for a visa through an Employment-Based category. Depending on the visa category and the employer’s specific situation, certain requirements must be met, such as the employer must first offer a job to a qualified U.S. worker; the employer must be able to pay the offered wage; and the foreign worker must possess the necessary qualifications and skills to perform the job duties. In addition, the foreign worker must meet certain criteria related to their qualifications, experience, and other factors that establish their eligibility for the specific visa type.
20. Are there any additional requirements or procedures that must be completed during NVC processing for an Employment-Based category visa application?
Yes. During NVC processing for an Employment-Based category visa application, applicants must undergo a medical examination, pay the applicable visa fees, and submit any additional documents requested by the NVC. The applicant must also complete an online DS-260 Immigrant visa application and attend an interview at their local U.S. consulate or embassy.