Registration Information for Diversity Green Card Lottery

The annual Diversity Immigrant Visa Lottery, which makes available 50,000 permanent resident visas ("green cards") to natives of countries deemed to have low rates of immigration to the U.S., is now open for online registration until November 6, 2018.  The Diversity Lottery is FREE and applications must be filed online through the official Department of State Diversity Lottery website.  Please visit the State Department Diversity Immigrant visa information site for eligibility information and to apply.  

Only applicants from certain eligible countries can apply in the Diversity Lottery, and must meet certain educational or work requirements (i.e. having a high school education or having worked in 2 of the last 5 years in a qualifying occupation).  

Lottery winners will be selected at random next year and can check whether they have been selected starting May 1, 2019.

USCIS Policy Change Regarding Deportation Proceedings for Visa Applicants

U.S. Citizenship and Immigration Services (USCIS) has announced a sweeping new policy, effective immediately, that instructs USCIS officers to initiate removal (deportation) proceedings if, upon denial of an application or petition, an individual is unlawfully present in the United States. This new policy requires USCIS to issue a Notice to Appear (NTA) – a document issued to a foreign national instructing them to appear before an immigration judge for removal proceedings – in the following circumstances:

  • Where fraud or misrepresentation are substantiated or where an applicant abused any program related to the receipt of public benefits;
  • Criminal cases where an applicant is convicted of or charged with a criminal offense, or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability;
  • Where USCIS denies an Application for Naturalization on good moral character grounds because of a criminal offense;
  • Upon the denial of an application or petition, when an applicant is unlawfully present in the U.S.

This new policy is expected to dramatically impact a wide range of foreign workers, students, and U.S. employers. While historically NTAs have rarely been issued to employment-based visa applicant’s after the denial of an application, this policy shift appears to fall in line with President Trump’s executive orders focused on immigration enforcement and prosecution

Examples of employer-sponsored foreign nationals who may now be subject to removal proceedings include:

  • Individuals who have their application to extend or change to H-1B, L-1, or other nonimmigrant visa status denied, and whose visa status has expired while waiting for USCIS to adjudicate their application.
  • Individuals who have their application to change employers denied, and whose visa status has expired while waiting for USCIS to adjudicate their application.
  • Students who have their applications to extend their F-1 status or applications to change status to H-1B denied, and who have now fallen out of status under their student visa.
  • Individuals who have their application for either employment-based or family-based adjustment of status to permanent residence denied, and who now no longer have any nonimmigrant status.

While it is not clear how USCIS will implement these new guidelines, this change will nevertheless likely affect the lives of many individuals who have lived and worked in the U.S. lawfully for years. Foreign nationals that receive an NTA are advised to speak to qualified counsel to handle this sensitive matter. For questions on this or any immigration matter, please feel free to contact me.

Diversity Visa Green Card Lottery Is Accepting Applications

The annual Diversity Immigrant Visa Lottery, which makes available 50,000 permanent resident visas ("green cards") to natives of countries deemed to have low rates of immigration to the U.S., is now open for online registration until November 7, 2017.  The Diversity Lottery is FREE and applications must be filed online through the official Department of State Diversity Lottery website.  Please visit the State Department Diversity Immigrant visa information site for eligibility information and to apply.  

Only applicants from certain eligible countries can apply in the Diversity Lottery, and must meet certain educational or work requirements (i.e. having a high school education or having worked in 2 of the last 5 years in a qualifying occupation).  

Lottery winners will be selected at random next year and can check whether they have been selected starting May 1, 2018.

USCIS Announces New Visa Bulletin System for Employment-Based and Family-Sponsored Permanent Residence

U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) have announced that beginning with the October 1, 2015 Visa Bulletin, USCIS will be following a new system for determining immigrant visa availability for applicants waiting to file for employment-based or family-sponsored permanent residence.  This new system will allow eligible foreign nationals to file an application for adjustment of status to permanent residence before an immigrant visa becomes available to them; however, the application for adjustment of status still cannot be approved until an immigrant visa becomes available (i.e. the "priority date" becomes current).

Previously, in order for foreign nationals to apply for adjustment of status to permanent residence, individuals would have to wait until their priority date was listed as current in the monthly Visa Bulletin, which for most employment-based applicants would be the filing date of their PERM labor certification application.  That date would be considered current if it was prior to the cut-off date listed in the monthly Visa Bulletin for the individuals country of chargeability and employment-based preference category.

Under this new system, USCIS will begin accepting applications to adjust status to permanent resident according to a new Visa Bulletin filing date chart, which will establish two separate cut-off dates: 

  • “Application Final Action Dates” (the date when visas may finally be issued); and 
  • “Dates for Filing Applications” (the earliest date when an applicant may be able to apply).

Foreign nationals with qualifying priority dates according to the “Dates for Filing Applications” chart will be able to file their applications to adjust to permanent resident status.  While the foreign national will not yet be eligible to receive permanent residence until an immigrant visa becomes available according to the “Application Final Actions Dates” chart, this new ability to actually file the adjustment application will allow qualifying individuals and their dependents to be eligible to apply for employment authorization (EAD card) and travel documents (Advance Parole), while waiting for their “Application Final Actions Date” to become current.  Additionally, certain individuals may be eligible for I-140 Immigrant Visa Petition “portability” once their adjustment of status application has been pending for more than 6 months, which will provide many individuals with greater employment mobility.  

While the adjudication of all I-485 applications to adjust status will still be subject to the same per-country and per-category quotas, and respective visa backlogs (especially for immigrants from India and China waiting under the employment-based categories), this new policy will provide immigrants with benefits while they wait for their immigrant visa “Application Final Actions Date.” 

This Visa Bulletin change acts upon the recent White House report on “Modernizing & Streamlining Our Legal Immigration System for the 21st Century” to provide greater certainty to foreign nationals and their families seeking permanent residency.