Understanding the USCIS Visa Bulletin

 

The Visa Bulletin is published each month to provide information about the USCIS Petition/Application queues. The USCIS generally processes cases in the order they receive them. Each Service Center and local office provide estimates of how long each office is taking to process different types of cases. The processing times are always subject to change without notice but the Bulletin is generally published mid-month.

Before using the Visa Bulletin, you will need to know:

  • Which office is handling your case
  • The type of form you filed, and
  • The date your case was received

You can find this information on the USCIS receipt notice. This will be mailed to your last mailing address provided to the USCIS and your attorney (if a G-28 was also filed). The Visa Bulletin charts will show the majority of forms filed. Simply use the drop-drown menu for the appropriate field office or Service Center for your case to determine where your case is in the queue.

Important Information About Form I-765, Application for Employment Authorization

You can submit an inquiry about your Form I-765 if your case has been pending more than 75 days.

  • Please note that for Form I-765 category (c)(8), based on a pending asylum application, the processing timeframes listed apply only to an initial filing.
  • Please note that the 90-day period for adjudicating Form I-765 category (c)(33) filed with Form I-821D, requesting deferred action for childhood arrivals, does not begin until the USCIS makes a decision on your request for deferred action.

2016 Omnibus Appropriations Bill Passed by Congress

The 2016 Omnibus Appropriations Bill has been passed by Congress.  The House passed the bill by a vote of 316 to 113, and the Senate followed suit, approving the bill by a vote of 65 to 33.  Several immigration-related issues were highly debated in the run-up to the bill's release. Some of those immigration issues include: 

  • Business Immigration: The bill extends the EB-5, Conrad 30, Special Immigrant Religious Workers, and E-Verify programs through the end of FY2016.

    It also includes the following changes to the currently expired H-1B/L-1 fees for companies with more than 50 employees and companies where 50% or more of the employees hold H-1B or L-1 status:
    • Supplemental L-1 fees for 50/50 companies increase from $2,250 to $4,500;
    • Supplemental H-1B fees for 50/50 companies increase from $2,000 to $4,000;
    • Fees must be paid on initial petitions and extension petitions; 
    • Fees are authorized for ten years, running through September 30, 2025; and
    • The funds generated by these fees will be split between the 9-11 programs and the Biometric Entry-Exit program.
    The bill also makes certain changes to the H-2B program by providing:
    • Flexibility for H-2B workers in the seafood industry regarding when they can start working; 
    • Use of private wage surveys; 
    • Definition of "seasonal" as ten months;
    • Limitations on the Department of Labor's ability to implement some aspects of the interim final rule; and 
    • Exempting H-2B returning workers from the 66,000 annual cap for FY2016.
  • Refugees: The bill does not contain proposals that harm, restrict, defund, or end the U.S. refugee program's resettlement of Syrian and Iraqi refugees.
  • Visa Waiver Program: The bill includes the House-passed bill reforming the Visa Waiver Program (VWP), which contains categorical exclusions for nationals of Syria, Iraq, Iran, and Sudan, as well as people who travel to those countries.
  • Detainers: The bill does not include proposals that would defund or harm so-called "sanctuary" cities.
  • DAPA/DACA:The bill does not include proposals that would block the Administration from continuing the operation of original DACA or defending the DAPA or expanded DACA programs in the ongoing litigation.
  • Detention: The bill does not include language mandating the detention for all noncitizens who fall under enforcement Priority 1 and Priority 2 set forth in DHS Secretary Johnson's November 20, 2014, memo.

Please continue to contact your Congressmen on these issues - thank those that voted in your favor and continue to work with those that vote against immigration.

DACA and Three-year Employment Authorization Documents (EADs)

The USCIS is seeking the return of erroneously issued three-year EADs.  Three year EADs issued as part of the expanded DACA program in President Obama's executive action.  However, legal proceedings halted further implementation of the program.  The USCIS requires these EADs to be returned by July 17th or DACA may be revoked.  Please note that if you are currently covered under the DACA program, you are still eligible for a two-year EAD.

Immigration Reform

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The issue of immigration reform has been a topic for hot debate for many years.  It has polarized the Democratic and Republican debates in Congress with each side unwilling to reach consensus.  One of the contested points is the ‘pathway to citizenship’ whose definition means different things to different members of government.  Sometimes a little history is helpful to provide context to a debate.

In 1986, the Immigration Reform and Control Act (IRCA) allowed approximately three million illegal immigrants to be granted legal status.  

Some point to this as the beginning of the ‘taking’ of American jobs and explains their reluctance to move forward on immigration reform now.  It is interesting to note that IRCA was passed under Ronald Reagan.  Further legislation under Bill Clinton did little for the immigration community with only increased border security and stricter asylum measures.  

In terms of the ‘pathway to citizenship’, Clinton signed a 2000 bill initiated by congressional Republicans corrected a loophole in IRCA that prevented a pathway for thousands of Central Americans and other relatives of legal residents.  Lack of consensus and a widening gap between conservatives and liberal viewpoints meant that further debate over immigration went nowhere during the Bush years.  The election of Obama brought immigration back in to the spotlight when it was prioritized for his presidency.  With this historic background, it is easy to see why this issue has not progressed.

We urge you to make your viewpoint known to Congress and be part of the political process. Your lawmakers are elected to represent you and cannot effectively do so without your input. You may contact your Congressmen and Senators by visiting:

http://www.house.gov/representatives/

http://www.senate.gov/general/contact_information/senators_cfm.cfm

Congressman William Keating is on the Homeland Security committee