EB-2 priority dates for China and India expected to advance some years based on unused EB-1 numbers
The Chief of the Immigrant Visa Control and Reporting Division, Charlie Oppenheim, U.S. Department of State, recently stated that has been a substantial reduction for EB-1 numbers, beginning in 10/2010.
“[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those ‘otherwise unused’ numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all ‘otherwise unused’ numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”
As a result, EB-2 priority dates for China and India are expected to move forward some years.
THE OPERATION OF THE IMMIGRANT NUMERICAL CONTROL SYSTEM
The Department of State is
responsible for administering the provisions of the Immigration and Nationality
Act (INA) relating to the numerical limitations on immigrant visa issuances.
This information sheet explains the operation of the immigrant number allotment
and control system.
1. HOW THE SYSTEM OPERATES:
At the beginning of each
month, the Visa Office (VO) receives a report from each consular post listing
totals of documentarily qualified immigrant visa applicants in categories
subject to numerical limitation. Cases are grouped by foreign state chargeability/preference/priority
date.
No names are reported. During
the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations specified by
the INA into monthly allotments. The totals of documentarily qualified
applicants which have been reported to VO, are compared each month with the
numbers available for the next regular allotment. The determination of how many numbers are
available requires consideration of several of variables, including: past number use; estimates of future number
use and return rates; and estimates of Citizenship and Immigration Service
demand based on cut-off date movements.
Once this is done, the cut-off dates are established and numbers are
allocated to reported applicants in order of their priority dates, the
oldest dates first.
If there are sufficient
numbers in a particular category to satisfy all reported documentarily qualified
demand, the category is considered “Current”. For example: If the
monthly allocation target is 3,000 and we only have demand for 1,000 applicants
the category can be “Current”.
Whenever the total of
documentarily qualified applicants in a category exceeds the supply of numbers
available for allotment for the particular month, the category is considered to
be “oversubscribed” and a visa availability cut-off date is
established. The cut-off date is the priority date of the first documentarily
qualified applicant who could not be accommodated for a visa number. For
example: If the monthly target is 3,000 and we have demand for 8,000 applicants,
then we would need to establish a cut-off date so that only 3,000 numbers would
be allocated. In this case, the cut-off
would be the priority date of the 3,001st applicant.
Only persons with a priority
date earlier than a cut-off date are entitled to allotment of a visa number.
The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups
demand for numbers under these dates. (Priority dates of the first through
seventh of a month are grouped under the 1st, the eighth through the fourteenth
under the 8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are immediately
transmitted to consular posts and Citizenship and Immigration Services (CIS),
and also published in the Visa Bulletin and online at the CA Web site (www.travel.state.gov). Visa allotments for use during that month are
transmitted to consular posts. CIS
requests visa allotments for adjustment of status cases only when all other
case processing has been completed.
2. DEFINITION OF SOME TERMS:
Priority date:
Normally, the date on which
the petition to accord the applicant immigrant status was filed.
Allotment:
The allocation of an immigrant
number to a consular office or to CIS.
This number may be used for visa issuance or adjustment of status.
Foreign State Chargeability:
Ordinarily, an immigrant is
chargeable for visa purposes to the numerical limitation for the foreign state
or dependent area in which the immigrant’s place of birth is located. Exceptions
are provided for a child (unmarried and under 21 years of age) or spouse
accompanying or following to join a principal to prevent the separation of
family members, as well as for an applicant born in the U.S. or in a foreign
state of which neither parent was a native or resident. Alternate chargeability
is desirable when the visa cut-off date for the foreign state of a parent or
spouse is more advantageous than that of the applicant’s foreign state.
Documentarily Qualified:
The applicant has obtained all
documents specified by the consular officer as sufficient to meet the formal
visa application requirements, and necessary processing procedures of the
consular office have been completed.
3. BACKGROUND INFORMATION ON THE SYSTEM AND
CLARIFICATION OF SOME FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to
immigrant status become documentarily qualified at their own initiative and
convenience. By no means has every applicant with a priority date earlier than
a prevailing cut-off date been processed for final visa action. On the
contrary, visa allotments are made only on the basis of the total applicants
reported documentarily qualified each month. Demand for visa numbers can
fluctuate from one month to another, with the inevitable impact on cut-off dates.
If an applicant is reported
documentarily qualified but allocation of a visa number is not possible because
of a visa availability cut-off date, the demand is recorded at VO and an
allocation is made as soon as the applicable cut-off date advances beyond the
applicant’s priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always
allotted for all documentarily qualified applicants with a priority date before
the relevant cut-off date, as long as the case had been reported to VO in time
to be included in the monthly calculation of visa availability. Failure of visa
number receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation cycle, or
that information on the request was incomplete or inaccurate (e.g., incorrect
priority date).Allocations to Foreign Service posts outside the regular monthly
cycle are possible in emergency or exceptional cases, but only at the request
of the office processing the case. Note that should retrogression of a cut-off
date be announced, VO can honor extraordinary requests for additional numbers
only if the applicant’s priority date is earlier than the retrogressed cut-off
date. Not all numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers available for
later allocation during the fiscal year. The rate of return of unused numbers
may fluctuate from month to month, just as demand may fluctuate. Lower returns
mean fewer numbers available for subsequent reallocation. Fluctuations can
cause cut-off date movement to slow, stop, or even retrogress. Retrogression is
particularly possible near the end of the fiscal year as visa issuance
approaches the annual limitations.
Per-country limit: The annual
per-country limitation of 7% is a cap, which visa issuances to any single
country may not exceed. Applicants compete for visas primarily on a worldwide
basis. The country limitation serves to avoid monopolization of virtually all
the annual limitation by applicants from only a few countries. This limitation
is not a quota to which any particular country is entitled, however. A portion of the numbers provided to the
Family Second preference category are exempt from this per-country cap.
The American Competitiveness
in the Twenty-First Century Act (AC21) removed the per-country limit in any
calendar quarter in which overall applicant demand for Employment-based visa
numbers is less than the total of such numbers available.
Applicability of Section
202(e): When visa demand by documentarily qualified applicants from a particular
country exceeds the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed.
Oversubscription may require
the establishment of a cut-off date which is earlier than that which applies to
a particular visa category on a worldwide basis. The prorating of numbers for
an oversubscribed country follows the same percentages specified for the
division of the worldwide annual limitation among thepreferences. (Note that
visa availability cut-off dates for oversubscribed areas may not be later than
worldwide cut-off dates, if any, for the respective preferences.)
ICE and CBP officials return artifacts to the People’s Republic of China
WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) Deputy Director Kumar Kibble and U.S. Customs and Border Protection (CBP) Deputy Commissioner David V. Aguilar repatriated a number of ancient Chinese artifacts seized as a result of operations by ICE’s Homeland Security Investigations (HSI) and CBP offices in New York and Anchorage and ICE HSI in Albuquerque.
Most of the objects being repatriated today were part of Operation Great Wall, an initiative targeting illicit importations originating from the People’s Republic of China. Following the signing of a bi-lateral agreement between the United States and the People’s Republic of China in 2009, both countries have been working together closely to prevent the illicit trafficking of archaeological objects.
“The items we are returning to the People’s Republic of China today are delicate, but tangible, ancient works of art that are an important part of China’s heritage,” said Kibble. “While seizing, forfeiting and repatriating these treasures is indeed reason for celebration, our long-term goal is to reduce the incentive for further destruction of ancient tombs and temples, where so many of these objects are dug up or chiseled off and pilfered.”
“CBP is pleased to help return these precious antiquities of Chinese cultural history to the citizens of the People’s Republic of China,” said Aguilar. “CBP remains committed to working alongside our ICE HSI partners to intercept and repatriate priceless artifacts.”
The artifacts being returned include:
- 2 Northern Wei Dynasty terracotta horses – A.D. 386-535
- Northern Qi Dynasty limestone Buddha – A.D. 550-577
- 7 Sui Dynasty Pottery Horses with Riders – A.D. 581-618
- Tang Dynasty Horse Sculpture – A.D. 618-907
- Song Dynasty Bodhisattva head – A.D. 960-1279
- Ming Dynasty Stone Frieze – A.D. 1368-1644
- Qing Dynasty Ceramic Vase – A.D. 1616-1840
These pottery sculptures of horses and riders from the Sui and Tang Dynasties were likely buried in tombs. Having a horse was a sign of wealth, and only those of a certain rank were allowed to use them. The tombs these likely came from were therefore those of aristocrats.
While the Northern Qi Dynasty is usually considered a period of political unrest, it is known to art historians as a time when the arts flourished through interaction between Chinese and non-Chinese artisans. This particular sculpture may belong to some now-destroyed temple.
ICE HSI plays a leading role in investigating crimes involving the illicit importation and distribution of cultural property. ICE HSI uses its investigative authority to seize cultural property items if they were illegally imported into the United States. It also investigates the illegal trafficking of artwork, especially works that have been reported lost or stolen. ICE’s Office of International Affairs, through its 67 attaché offices worldwide, works closely with foreign governments to conduct joint investigations, when possible.
CBP is the nation’s lead border security agency and is charged with enforcing hundreds of laws at and between our nation’s 327 international ports of entry. As part of that mission, CBP enforces bi-lateral agreements and import restrictions on certain foreign cultural property and archaeological materials. CBP works closely with ICE and other federal, state and local law enforcement agencies to prevent the illegal trade and trafficking of cultural antiquities. CBP partners with ICE to ensure that illegally traded and trafficked antiquities are returned to their rightful owners.
ICE HSI agents undergo special training sessions funded by the State Department and held at the Smithsonian museums and research facilities before they begin working cultural property cases. Smithsonian staff provided behind-the-scenes introduction to objects from regions that are at greatest risk of looting and trafficking, as well as practical skills training in handling, photographing, recording and packing objects.
More than 2,300 artifacts have been returned to 18 countries since 2007 including paintings from France, Germany and Austria, an 18th century manuscript from Italy, and a bookmark belonging to Hitler as well as cultural artifacts from Iraq including Babylonian, Sumerian, and neo-Assyrian items.
Agencies involved in the seizure and investigation of the items being repatriated today include ICE HSI and CBP in New York and Anchorage and U.S. Fish and Wildlife in Albuquerque.
H-1B Cap Exemptions Based on Relation or Affiliation
Update as of March 18, 2011
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.
Evidence of previous determinations of cap exemption, as discussed in this Update, will be considered on a case by case basis only when submitted with a Form I-129 petition for H-1B status requesting exemption from the numerical cap, or in response to a Request for Evidence or Notice of Intent to Deny for H-1B petitions currently pending with USCIS claiming exemption from the cap. Petitioners are accordingly advised not to send separate correspondence containing their cap-exemption evidence to USCIS on this issue.
Last updated:03/18/2011
USCIS Reminds Japanese Nationals Impacted by Recent Disaster
|
Released: March 17, 2011 WASHINGTON—In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request. USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:
Visitors traveling under the Visa Waiver Program may visit a USCIS local office for assistance. Japanese nationals who are at a U.S. airport may contact the U.S. Customs and Border Protection office there.
Last updated:03/17/2011 |
USCIS to Start Accepting H-1B Petitions for FY 2012 on April 1, 2011
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today it will start accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. Such workers include scientists, engineers, and computer programmers, among others.
The cap (the numerical limit on H-1B petitions) for FY 2012 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degrees or higher are exempt.
USCIS will monitor the number of H-1B petitions received and will notify the public of the date when the numerical limit of the H-1B cap has been met. This date is known as the final receipt date. If USCIS receives more petitions than it can accept, it may on the final receipt date randomly select the number of petitions that will be considered for final inclusion within the cap. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.
In addition to petitions filed on behalf of people with U.S. master’s degrees or higher, certain other petitions are exempt from the congressionally mandated cap.
Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at:
-
Institutions of higher education or related or affiliated nonprofit entities;
-
Nonprofit research organizations; or
-
Governmental research organizations.
Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are exempt from the cap until Dec. 31, 2014. Employers may continue to file petitions for these cap-exempt H-1B categories for beneficiaries who will start work during FY 2011 or 2012.
Petitions filed on behalf of current H-1B workers who have been counted previously against the cap do not count towards the H-1B cap. USCIS will continue to process petitions filed to:
-
Extend the amount of time a current H-1B worker may remain in the United States;
-
Change the terms of employment for current H-1B workers;
-
Allow current H-1B workers to change employers; and
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Allow current H-1B workers to work concurrently in a second H-1B position.
H-1B petitioners should follow all statutory and regulatory requirements as they prepare petitions, to avoid delays in processing and possible requests for evidence. USCIS has posted on its website detailed information, including a processing worksheet, to assist in the completion and submission of a FY2012 H-1B petition.
For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.
Last updated:03/18/2011
Visa Bulletin For April 2011
Number 31
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by March 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority dateearlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:
FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
A. (F2A) Spouses and Children: 77% of the overall second preference limitation,
of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date isearlier than the cut-off date listed below.)
| Family- Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01MAY04 | 01MAY04 | 01MAY04 | 15FEB93 | 01APR95 |
| F2A | 01APR07 | 01APR07 | 01APR07 | 01JUL06 | 01APR07 |
| F2B | 15APR03 | 15APR03 | 15APR03 | 15JUL92 | 01DEC99 |
| F3 | 15MAR01 | 15MAR01 | 15MAR01 | 08NOV92 | 01JAN92 |
| F4 | 01FEB00 | 01JAN00 | 01FEB00 | 01FEB96 | 08MAR88 |
*NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
| Employment- Based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 22JUL06 | 08MAY06 | C | C |
| 3rd | 22JUL05 | 01MAR04 | 08APR02 | 08MAY04 | 22JUL05 |
| Other Workers | 22JUL03 | 22APR03 | 08APR02 | 22JUL03 | 22JUL03 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th | C | C | C | C | C |
| Targeted Employment Areas/ Regional Centers | C | C | C | C | C |
| 5th Pilot Programs | C | C | C | C | C |
The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2011 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For April, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
| Region | All DV Chargeability Areas Except Those Listed Separately | |
|---|---|---|
| AFRICA | 35,450 | Except: Egypt 27,600 Ethiopia 22,150 Nigeria 14,100 |
| ASIA | 19,250 | Except:Bangladesh 18,350 |
| EUROPE | 23,200 | |
| NORTH AMERICA (BAHAMAS) | 8 | |
| OCEANIA | 1,000 | |
| SOUTH AMERICA, and the CARIBBEAN | 1,075 |
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
CUT-OFFS WHICH WILL APPLY IN MAY
For May, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
| Region | All DV Chargeability Areas Except Those Listed Separately | |
|---|---|---|
| AFRICA | 42,000 |
Except: Egypt 31,200 |
| ASIA | 23,500 | |
| EUROPE | 27,800 | |
| NORTH AMERICA (BAHAMAS) | 12 | |
| OCEANIA | 1,175 | |
| SOUTH AMERICA, and the CARIBBEAN | 1,150 |
D. RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES
Continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April.
Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.
E. OBTAINING THE MONTHLY VISA BULLETIN
The Department of State’s Bureau of Consular Affairs offers the
monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:
From the home page, select the VISA section which contains the Visa Bulletin.
To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:
and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)
To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an
e-mail message to the following E-mail address:
and in the message body type: Signoff Visa-Bulletin
The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.
Readers may submit questions regarding Visa Bulletin related items by
E-mail at the following address:
(This address cannot be used to subscribe to the Visa Bulletin.)
Department of State Publication 9514
CA/VO:March 8, 2011
Alleged large-scale visa fraud at Infosys could actually be legal
Infosys was recently alleged to have illegally utilized B-1 visas instead of H-1Bs and to have illegally withheld requisite U.S. taxes.
However, Infosys’ actions re: the non-payment of federal or state income taxes, and the use of B-1 visas instead of H-1Bs could be justified: see Foreign Affairs Manual notes at 9 FAM 41.31 N11, N11.1 9 FAM 41.31 N11, N11.1 regarding B-1 visa use in leiu of H-1Bs. If a B-1 worker and the position qualify under the enumerated provisions, they are not to be paid a salary in the US, instead, they are to be paid in overseas funds by the Infosys India. Therefore it may be that Infosys cannot legally pay the taxes which are at the heart of the controversy. As for the use of B-1 visas instead of H-1Bs, it is allowable under certain circumstances which are not elaborated upon in the linked story.
Per 9 FAM 41.31 N11, “ALIENS NORMALLY CLASSIFIABLE H-1 OR H-3”,
“There are cases in which aliens who qualify for H-1 or H-3 visas may more appropriately be classified as B-1 visa applicants in certain circumstances; e.g., a qualified H-1 or H-3 visa applicant coming to the United States to perform H-1 services or to participate in a training program. In such a case, the applicant must not receive any salary or other remuneration from a U.S. source other than an expense allowance or other reimbursement for expenses incidental to the alien’s temporary stay. For purposes of this Note, it is essential that the remuneration or source of income for services performed in the United States continue to be provided by the business entity located abroad, and that the alien meets the following criteria:
(1) With regard to foreign-sourced remuneration for services performed by aliens admitted under the provisions of INA 101(a)(15)(B), the Department has maintained that where a U.S. business enterprise or entity has a separate business enterprise abroad, the salary paid by such foreign entity shall not be considered as coming from a “U.S. source;”
(2) In order for an employer to be considered a “foreign firm” the entity must have an office abroad and its payroll must be disbursed
abroad. To qualify for a B-1 visa, the employee must customarily
be employed by the foreign firm, the employing entity must pay the employee’s salary, and the source of the employee’s salary must be
abroad…”
Also, 9 FAM 41.31 N11.1 “Incidental Expenses or Remuneration” indicates,
“A nonimmigrant in B-1 status may not receive a salary from a U.S. source for services rendered in connection with his or her activities in the United States. A U.S. source, however, may provide the alien with an expense allowance or reimbursement for expenses incidental to the temporary stay.
Incidental expenses may not exceed the actual reasonable expenses the alien will incur in traveling to and from the event, together with living expenses the alien reasonably can be expected to incur for meals, lodging, laundry, and other basic services.”
USCIS Processing Time Information for Texas Service Center
USCIS Processing Time Information for our
|
Instructions on Using the TableBelow is a chart that shows the Form Number, Form Name and Processing Times for all of the forms that are processed at that office. (Note that not all offices process all types of applications and petitions.) Find the particular form number (in the left column) or form name (in the center column) in which you are interested. In the right column you will find either a timeframe in months or an exact date. If the office is processing a particular type of application in less time than our processing goal, you will see the processing times expressed in months (for example, if the office is processing naturalization applications in less than our 5 month goal, the processing time will state “Five Months”). However, if that office is taking longer than our processing goal to handle the form type in question, you will see the filing date (e.g., “April 10, 2003”) of the last case we processed on the date the website chart was last updated. The charts are updated on or about the 15th day of each month. IMPORTANT: If your receipt notice date is earlier then the processing date shown, we suggest you call our USCIS Customer Service Office at 1-800-375-5283 for assistance. Please note that the processing times listed below for Form Number I-765 category (c)(8), based on a pending asylum application, only applies to an initial filing. The processing time for a renewal I-765 category (c)(8) is 3 Months. We offer a variety of services after you file. For example, for most kinds of cases you can check the status of your case online. |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | October 1, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | D ecember 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | December 29, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | December 29, 2007 |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | August 14, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | August 14, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | August 14, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | August 14, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | August 14, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | August 14, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | August 14, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | August 14, 2010 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | May 2, 2009 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | May 2, 2009 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | July 24, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | October 1, 2008 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | July 1, 2008 |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | July 3, 2010 |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | June 2, 2010 |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | October 1, 2009 |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
USCIS Processing Time Information for Vermont Service Center
USCIS Processing Time Information for our
|
Instructions on Using the TableBelow is a chart that shows the Form Number, Form Name and Processing Times for all of the forms that are processed at that office. (Note that not all offices process all types of applications and petitions.) Find the particular form number (in the left column) or form name (in the center column) in which you are interested. In the right column you will find either a timeframe in months or an exact date. If the office is processing a particular type of application in less time than our processing goal, you will see the processing times expressed in months (for example, if the office is processing naturalization applications in less than our 5 month goal, the processing time will state “Five Months”). However, if that office is taking longer than our processing goal to handle the form type in question, you will see the filing date (e.g., “April 10, 2003”) of the last case we processed on the date the website chart was last updated. The charts are updated on or about the 15th day of each month. IMPORTANT: If your receipt notice date is earlier then the processing date shown, we suggest you call our USCIS Customer Service Office at 1-800-375-5283 for assistance. Please note that the processing times listed below for Form Number I-765 category (c)(8), based on a pending asylum application, only applies to an initial filing. The processing time for a renewal I-765 category (c)(8) is 3 Months. We offer a variety of services after you file. For example, for most kinds of cases you can check the status of your case online. |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | September 11, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | June 26, 2010 |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | September 8, 2010 |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | September 8, 2010 |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | November 2, 2007 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | August 14, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | September 11, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | September 11, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | September 11, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | September 11, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | September 11, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | September 11, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | September 11, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | September 11, 2010 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an a pproved application or petition |
3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | September 2, 2007 |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | July 14, 2010 |
USCIS Processing Time Information for Nebraska Service Center
USCIS Processing Time Information for our
|
Instructions on Using the TableBelow is a chart that shows the Form Number, Form Name and Processing Times for all of the forms that are processed at that office. (Note that not all offices process all types of applications and petitions.) Find the particular form number (in the left column) or form name (in the center column) in which you are interested. In the right column you will find either a timeframe in months or an exact date. If the office is processing a particular type of application in less time than our processing goal, you will see the processing times expressed in months (for example, if the office is processing naturalization applications in less than our 5 month goal, the processing time will state “Five Months”). However, if that office is taking longer than our processing goal to handle the form type in question, you will see the filing date (e.g., “April 10, 2003”) of the last case we processed on the date the website chart was last updated. The charts are updated on or about the 15th day of each month. IMPORTANT: If your receipt notice date is earlier then the processing date shown, we suggest you call our USCIS Customer Service Office at 1-800-375-5283 for assistance. Please note that the processing times listed below for Form Number I-765 category (c)(8), based on a pending asylum application, only applies to an initial filing. The processing time for a renewal I-765 category (c)(8) is 3 Months. We offer a variety of services after you file. For example, for most kinds of cases you can check the status of your case online. |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | April 16, 2005 |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | November 11, 2008 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | November 11, 2008 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
| I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
USCIS Processing Time Information for California Service Center
USCIS Processing Time Information for our
|
Instructions on Using the TableBelow is a chart that shows the Form Number, Form Name and Processing Times for all of the forms that are processed at that office. (Note that not all offices process all types of applications and petitions.) Find the particular form number (in the left column) or form name (in the center column) in which you are interested. In the right column you will find either a timeframe in months or an exact date. If the office is processing a particular type of application in less time than our processing goal, you will see the processing times expressed in months (for example, if the office is processing naturalization applications in less than our 5 month goal, the processing time will state “Five Months”). However, if that office is taking longer than our processing goal to handle the form type in question, you will see the filing date (e.g., “April 10, 2003”) of the last case we processed on the date the website chart was last updated. The charts are updated on or about the 15th day of each month. IMPORTANT: If your receipt notice date is earlier then the processing date shown, we suggest you call our USCIS Customer Service Office at 1-800-375-5283 for assistance. Please note that the processing times listed below for Form Number I-765 category (c)(8), based on a pending asylum application, only applies to an initial filing. The processing time for a renewal I-765 category (c)(8) is 3 Months. We offer a variety of services after you file. For example, for most kinds of cases you can check the status of your case online. |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | October 21, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | September 27, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | May 7, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | June 1, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | April 25, 2007 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | July 16, 2010 |
| I-526 | Immigrant Petition By Alien Entrepreneur |
For use by an entrepreneur who wishes to immigrate to the United States | July 13, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | August 16, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | August 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | August 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | August 16, 2010 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | September 12, 1997 |
USCIS Processing Time Information for our
|
Instructions on Using the TableBelow is a chart that shows the Form Number, Form Name and Processing Times for all of the forms that are processed at that office. (Note that not all offices process all types of applications and petitions.) Find the particular form number (in the left column) or form name (in the center column) in which you are interested. In the right column you will find either a timeframe in months or an exact date. If the office is processing a particular type of application in less time than our processing goal, you will see the processing times expressed in months (for example, if the office is processing naturalization applications in less than our 5 month goal, the processing time will state “Five Months”). However, if that office is taking longer than our processing goal to handle the form type in question, you will see the filing date (e.g., “April 10, 2003”) of the last case we processed on the date the website chart was last updated. The charts are updated on or about the 15th day of each month. IMPORTANT: If your receipt notice date is earlier then the processing date shown, we suggest you call our USCIS Customer Service Office at 1-800-375-5283 for assistance. Please note that the processing times listed below for Form Number I-765 category (c)(8), based on a pending asylum application, only applies to an initial filing. The processing time for a renewal I-765 category (c)(8) is 3 Months. We offer a variety of services after you file. For example, for most kinds of cases you can check the status of your case online. |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | October 21, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | September 27, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | May 7, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | June 1, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | April 25, 2007 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | July 16, 2010 |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | July 13, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | August 16, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | August 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | August 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | August 16, 2010 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful perma nent resident conditions (immigrant investors) |
6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | September 12, 1997 |
The U.S. Immigration Law Blog by Ashwin Sharma 
The Unauthorized Population Today
via www.immigrationpolicy.org
“Recent estimates from the Pew Hispanic Center and the Department of Homeland Security (DHS) indicate that the number of unauthorized immigrants in the United States has remained unchanged at roughly 11 million since 2009. This comes after a two-year decline of approximately one million that corresponded closely to the most recentrecession, which ran from December 2007 to June 2009. Despite that decline, the new data make clear that the current population of unauthorized immigrants is very much part of the social and economic fabric of the country. Three-fifths of unauthorized immigrants have been in the United States for more than a decade. Unauthorized immigrants comprise more than one-quarter of the foreign-born population and roughly 1-in-20 workers. Approximately 4.5 million native-born U.S.-citizen children have at least one unauthorized parent. While the largest numbers of unauthorized immigrants are concentrated in California and Texas, there also are sizable unauthorized populations in Florida, New York, New Jersey, Illinois, Georgia, North Carolina, and Maryland. In short, unauthorized immigrants who are already in the country have become integral to U.S. businesses, communities, and families.
The size of the unauthorized population has remained unchanged at roughly 11 million since 2009.”
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