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发帖数: 669 | 1 Does the April 22, 2020 Presidential Proclamation Impact How the Visa
Bulletin is Prepared?
Charlie expects the June 2020 Visa Bulletin to be issued as it normally
would, notwithstanding the April 22, 2020 Presidential Proclamation which
suspends certain IV processing for at least 60 days. days.
This Month’s Check-in with Charlie Column Does Not Contain Additional
Projection Information
Like most of us, Charlie is working remotely and only travels to his office
when necessary to perform certain functions of his job. As Charlie’s
predictions are based upon data from certain government databases which
cannot be accessed remotely, during this month’s conversation with AILA he
was unable to pull statistics on visa number usage in real time. As a result
, we are unable to provide more nuanced projections in this month’s column.
One of the programs that State makes available for USCIS use, is a 24/7
automated system that every USCIS officer uses at the end of the adjustment
interview to request an immigrant visa number authorization. After entering
the required information, the officer presses a button and receives a
message indicating that either the visa is “authorized by Charles Oppenheim
”, or it will inform the officer that the visa is “not granted” as the
priority date is not within the applicable final action date at that time.
In the latter case, the request for a visa number enters Charlie’s “
pending demand file,” providing him visibility into pending demand which
can be authorized for use when the final action date advances beyond the
applicant’s priority date.
This system was conceived by Charlie in 2000, was piloted in 2001 and went
live in early fiscal year 2002. Prior to this automated system, the State
Department relied on (then) INS telephone and later fax requests requiring
the manual authorization of immigrant visa number use for adjustment cases.
Prior to the transition to the automated system Charlie and his team was
receiving ~425 faxes per day on three fax machines. Given time zone
differences, the manual process was not only inefficient, it created
impossible situations for approving cases for late afternoon West Coast
interviews.
Does COVID-19 Impact How the Visa Bulletin is Prepared?
This month the Visa Bulletin was issued much later than normal due to other
pressing issues. . Notwithstanding these delays and the unprecedented impact
on immigrant visa processing caused by the COVID-19 pandemic, Charlie has
reassured AILA that he and his staff continue to follow the same methodology
in analyzing supply, demand and number usage in determining the information
for the Final Action Date and Dates for Filing charts.
Given the fluidity of the situation, Charlie strongly advises practitioners
to monitor travel.state.gov for official announcements regarding overseas IV
processing, and the equivalent sections of uscis.gov regarding the
processing of adjustment of status applications. Charlie noted that the
worldwide suspension of immigrant visa processing is a unique situation
which they have not experienced before. The most analogous situation
occurred after September 11, 2001, but the impact only lasted for a short
period of time in contrast to the longer duration expected as a result of
COVID-19. As a result, while there is leveraging of some lessons learned
from the post-9/11 period, right now decisions are being made continually.
Practitioners should anticipate that posts may reopen at different speeds
and with varying degrees of consular services availability, depending on
their respective situation.
In May 2020, final action dates in the family-based preference categories
continued to advance in a manner consistent with the advancements in March
and April 2020. That movement continues to be partly attributable to
previous low applicant response/number use rates, partly to encourage
applicants to continue to submit required documentation to the National Visa
Center (NVC), and partly motivated by a desire to create the best possible
situation to maximize immigrant visa number usage under this fiscal year’s
annual limits.
The degree of impact that otherwise unused numbers will have on opening up
visa usage in other categories will depend on how long consulates and USCIS
offices remain closed.
Visa Bulletin Predictions – Family-Based Preference Categories
For now, Charlie anticipates that the family-based preference categories may
continue to advance consistent with the most recent projections.
In May, F2A, which became current back in July 2019, remains current. Beyond
that, all other categories advanced between 7 weeks and 6 months. The
Philippines family-based preference categories advanced most rapidly with
F2B Philippines advancing four months from February 1, 2010 to June 1, 2010,
and F1 Philippines, F3 Philippines and F4 Philippines all advancing six
months to September 1, 2010, November 15, 2000 and October 1, 2000
respectively.
F1 Worldwide (including F1 China and F1 India) advanced 7 weeks from January
1, 2014 to March 22, 2014. F1 Mexico advanced 1 month from September 22,
1997 to October 22, 1997.
F2B Worldwide (including F2B China and F2B India) advances 2.5 months in May
from November 1, 2014 to January 15, 2015. In May F2B Mexico advances 1.5
months from December 1, 1998 to January 15, 1999.
F3 Worldwide (including F3 China and F3 India) advance 1.5 months in May
from February 1, 2008 to March 15, 2008 and F3 Mexico advances one month
from May 8, 1996 to June 8, 1996.
F4 Worldwide (including F4 China) advances 3 weeks in May from July 1, 2006
to July 22, 2006. In May, F4 India advances 2 weeks from December 22, 2004
to January 8, 2005 and F4 Mexico advances one month from March 15, 1998 to
April 15, 1998.
Visa Bulletin Predictions – Employment-Based Preference Categories
EB-1: Visa Bulletin Predictions
The big news in the employment-based preference categories is that EB-1
Worldwide (including El Salvador, Guatemala and Honduras, Mexico,
Philippines, and Vietnam) returns to current in May 2020. It had been
previously predicted that such action was likely to occur at some point in
the coming months. As noted in last month’s column, any otherwise unused
numbers will first be allocated to those applicants with the earliest
priority dates, which will predominately impact EB-1 India.
In May, the final action date for EB-1 China will advance 5 weeks from June
8, 2017 to July 15, 2017 and EB-1 India will advance 3 months from May 1,
2015 to August 1, 2015.
EB-2: Visa Bulletin Predictions
EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico,
Philippines, and Vietnam) remains current in May. EB-2 China advances one
month from September 1, 2015 to October 1, 2015, and EB-2 India advances 8
days from May 25, 2009 to June 2, 2009.
EB-3 and EB-3 (EW) Other Workers: Visa Bulletin Predictions
EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico,
Philippines, and Vietnam) and EB-3 Worldwide Other Workers (including El
Salvador, Guatemala and Honduras, Mexico, Philippines, and Vietnam) hold at
January 1, 2017 in May 2020. EB-3 China advances 1 month from April 15, 2016
to May 15, 2016, and EB-3 China Other Workers advances two weeks from July
1, 2008 to July 15, 2008. In May, the spread between EB-2 China and EB-3
China continues to widen, with EB-3 China’s final action date now 7.5
months ahead of EB-2 China. EB-3 India and EB-3 India Other Workers both
advance 5 weeks from January 22, 2009 to March 1, 2009 in May.
EB-4: Visa Bulletin Predictions
EB-4 Worldwide (including China, India, Philippines, and Vietnam) remain
current in May. EB-4 El Salvador, Guatemala, and Honduras advances one month
from July 15, 2016 to August 15, 2016 in May. This advancement is due to
less demand than expected materializing through the first week in April 2020
. As predicted, EB-4 Mexico advances more quickly in May, moving 13 weeks
from January 22, 2018 to May 1, 2018.
EB-5: Visa Bulletin Predictions
EB-5 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and
Philippines), Regional and Non-Regional Centers, remains current in May. EB-
5 China (Regional and Non-Regional Centers) advances 2 months from May 15,
2015 to July 15, 2015 in May. EB-5 India (Regional and Non-Regional Centers)
advances 9 months from January 1, 2019 to October 1, 2019. EB-5 Vietnam (
Regional and Non-Regional Centers) advances 7 weeks from February 8, 2017 to
April 1, 2017.
Visa Bulletin Predictions – Q & A
QUESTION: I have many nurses on OPT who are licensed in their state of
practice right now. Their OPT status will expire in July or August and they
have approved I-140. Is there any provision for allowing these health care
workers to file for adjustment of status so that they can be on the front
lines where we need them? Are you aware of any proposed legislation? Any
insight of this would be appreciated more than you would ever know.
ANSWER: Final action (e.g., visa issuance, adjustment of status) is
dependent upon the applicant’s priority date being within the applicable
final action date for the month in which such action would occur. I am
unaware of any legislative proposals to change that process at this time. As
mentioned earlier the best advice I can give is to closely monitor the
travel.state.gov and equivalent USCIS web sites for the latest processing
guidance.
https://www.shusterman.com/visa-bulletin-predictions/ | i****1
发帖数: 1 | | m********g
发帖数: 2323 | 3 今年的check in w/ charlie全都是毫无任何有用信息 |
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