Author: tancincowp

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Exploring Alternatives to the H-1B Visa

Exploring Alternatives to the H-1B Visa
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The H-1B visa is a popular choice for U.S. work visas, allowing individuals to work in specialty occupations. However, due to the high demand, many applicants do not secure an H-1B visa through the annual lottery. If you weren’t selected in the H-1B Cap Lottery for Fiscal Year 2025, which closed on March 25, 2024, and announced results on April 1, 2024, there are still several viable alternatives to explore.

1. H-1B Work Authorization for Cap-Exempt Employers

Not all H-1B employment falls under the annual cap. Certain employers can file cap-exempt petitions at any time, including:

  • Institutions of higher education or affiliated nonprofit entities
  • Nonprofit research organizations
  • Government research organizations

Additionally, cap-subject employers can hire H-1B visa holders who also work for a cap-exempt employer, provided they maintain their cap-exempt employment throughout the H-1B validity period.

2. F-1 Work Authorization Options

International students in the U.S. might extend their employment authorization through Optional Practical Training (OPT):

  • Non-STEM graduates can receive up to 12 months of work authorization post-graduation.
  • STEM graduates can receive up to 36 months of work authorization, provided their employer is enrolled in E-Verify.

Another option is enrolling in a new university program to work under F-1 Curricular Practical Training (CPT). However, this route carries risks, including potential requests for additional evidence in future H-1B petitions. It’s crucial to thoroughly research and maintain documentation of your student status.

3. Dependent Work Authorization Tied to a Spouse’s Employment

Spouses of visa holders such as E-2, E-3, H-1B, and L-1 may be eligible for work authorization:

  • Spouses of E and L visa holders are automatically authorized to work as indicated on their I-94 document.
  • Spouses of H-1B visa holders (H-4 visa) can work if the H-1B holder has reached a significant milestone in the green card process and the H-4 spouse has applied for an Employment Authorization Document (EAD).

4. Country-Specific Visa Categories

Citizens of countries with specific trade agreements with the U.S. can benefit from specialized work visas:

  • TN visas for Canadians and Mexicans in specified professional occupations.
  • H-1B1 visas for Chileans and Singaporeans in specialty occupations.
  • E-3 visas for Australians in specialty occupations.

These visas typically do not lead directly to green cards, so continuing to enter the H-1B lottery is advisable for long-term U.S. residency.

5. E-1/E-2 Visas for Treaty Traders & Investors

Nationals from countries with U.S. treaties can apply for E-1 (treaty trader) or E-2 (treaty investor) visas. These visas apply to executives or specialized employees of companies with the same nationality as the applicant. However, like other visas, they don’t directly lead to green cards, so participating in the H-1B lottery is still recommended.

6. O-1 Visa for Individuals with Extraordinary Ability

Individuals with exceptional talent in sciences, education, arts, business, or athletics may qualify for an O-1 visa. This category includes specific provisions for PhDs in STEM fields. Similar to other alternatives, this visa doesn’t provide a clear path to a green card.

7. L-1 Visa for Intracompany Transferees

Employees of international companies with U.S. branches might qualify for an L-1 visa if:

  • The U.S. and foreign entities have a qualifying relationship.
  • The applicant has worked for the foreign entity for at least one year in the past three years.
  • The employment is in a managerial or specialized knowledge role.

8. Green Card Options

Though not an immediate solution, applying for a green card can lead to long-term U.S. work authorization. Some categories allow self-petitioning without employer sponsorship:

  • EB-1 for individuals of extraordinary ability, requiring proof of sustained acclaim.
  • EB-2 with a National Interest Waiver for individuals with advanced degrees or exceptional abilities, demonstrating that their work benefits the U.S.

By understanding these alternatives, individuals not selected in the H-1B lottery can still find viable paths to work and remain in the U.S.

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Increased, Reduced, and Waived Naturalization Fees: What You Need to Know

Increased, Reduced, and Waived Naturalization Fees: What You Need to Know
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Effective April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) implemented new filing fees for naturalization applications. The standard fee for paper filings has risen to $760, while online filings now cost $710. Alongside these changes, USCIS has updated the criteria for reduced fees and fee waivers, potentially expanding access to naturalization for eligible applicants.

New Fee Structure and Reduced Fees

The 2024 fee rule introduces a significant change: applicants now have the opportunity to pay a reduced naturalization fee, which is 50% of the standard fee, amounting to $380. This reduction aims to make the naturalization process more accessible to a broader range of individuals who meet specific eligibility criteria.

Full Fee Waiver: Eligibility Criteria

For those facing financial difficulties, a complete waiver of the filing fee is available. To qualify for this 100% fee waiver, applicants must meet one of the following criteria:

  1. Receipt of Means-Tested Benefits: Applicants who receive federal, state, local, or tribal benefits that are determined based on income and resources may qualify for a full fee waiver. These means-tested benefits consider an individual’s financial situation in determining eligibility.
  2. Income Below 150% of Federal Poverty Guidelines: Applicants whose income is at or below 150% of the federal poverty guidelines can also qualify for a full fee waiver. The poverty guidelines vary based on household size, and specific income thresholds must be met to qualify.
  3. Extreme Financial Hardship: USCIS defines extreme financial hardship as a situation where applicants need almost all of their current income and liquid assets to meet ordinary and necessary living expenses. Examples of such hardship include:
    • Medical illness
    • Unemployment
    • Eviction or homelessness
    • Natural disasters
    • Military deployment of a spouse or parent
    • Divorce or death of a spouse
    • Other unexpected life events that limit the ability to cover living expenses

Additionally, fee exemptions have been expanded to include applicants and their derivatives seeking relief under the Violence Against Women Act (VAWA), U Nonimmigrant status, T Nonimmigrant status, and Special Immigrant Juvenile Status (SIJ).

2024 Federal Poverty Guidelines

To understand eligibility for fee waivers and reductions, it’s essential to refer to the 2024 federal poverty guidelines:

# of Persons in Household
Poverty Guidelines
0-149% (Fee Waiver)150-400% (Reduced Fee)
1$15,060$22,439.40$60,240
2$20,440$30,455.60$81,760
3$25,820$38,471.80$103,280
4$31,200$46,488.00$124,800
5$36,580$54,504.20$146,320
6$41,960$62,520.40$167,840
7$47,340$70,536.60$189,360
8$52,720$78,552.8$210,880

For households with more than eight persons, add $5,380 for each additional person to the base poverty guideline before applying the respective calculations.

Conclusion

Understanding the new fee structure and eligibility criteria for reduced fees and fee waivers is crucial for non-U.S. citizens seeking naturalization. These changes by USCIS aim to balance the cost of processing applications with the need to ensure accessibility for all eligible individuals. If you believe you qualify for a reduced fee or a fee waiver, consider consulting with an immigration attorney to navigate the application process effectively.

For further assistance or to discuss your specific situation, please contact our law firm. We are here to help you understand your options and guide you through the naturalization process.

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Facing Deportation: What Happens When a U.S. Citizen Spouse Denies Your Marriage?

Facing Deportation - When a U.S. Citizen Spouse Denies Your Marriage
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For marriages of less than 2 years involving a U.S. citizen and a non-citizen, the initial green card is issued with a two-year conditional period. Before these two years expire, the non-citizen spouse must file to remove these conditions to obtain a green card with a ten-year validity period. But what happens if the U.S. citizen spouse becomes uncooperative, despite the couple still living together? Worse, what if the USCIS denies the joint petition for removal of conditions, putting the non-citizen spouse at risk of deportation? Let’s delve into the case of Maria and John

Maria and John’s Story

Maria, a young college graduate, met John, a U.S. citizen, while working as a guest relations officer at a popular beach resort in the Philippines. Their relationship blossomed, leading John to file a fiancé visa for Maria upon his return to the United States. The visa petition was approved, and Maria traveled to the U.S. to be with John.

During her initial stay, Maria noticed alarming changes in John, who was 20 years her senior. He became increasingly forgetful, his behavior erratic, and his mood swings frequent. Despite these challenges, Maria remained a patient and loving wife. However, they lacked sufficient proof of marriage—no photos together, no joint documents, as they lived with John’s family and didn’t pay rent.

When USCIS called them for an interview to remove the conditions on Maria’s residency, they were interviewed separately. The immigration officer concluded that Maria had entered into a fraudulent marriage, denying the petition. Maria was shocked. Upon reviewing the USCIS decision mailed to her, she realized John had made inconsistent statements during the interview, including an admission that the marriage was solely for Maria to obtain a green card. Maria suspected John’s worsening memory lapses had caused him to forget critical details of their relationship.

Now facing deportation for alleged marriage fraud, what legal steps can Maria take?

Maria’s Deportation Proceedings

When a non-U.S. citizen faces removal due to a denied petition for removal of conditions, the burden of proof lies with USCIS to establish grounds for terminating the conditional resident status. For her defense, the applicant can present new, material, and relevant evidence that was not previously submitted during USCIS proceedings.

Given the lack of joint documents and photographs, Maria must provide testimonial evidence from individuals who can attest to the authenticity of their marriage. Financial and property arrangements vary among couples, and some may have better documentation than others. In Maria’s case, her joint tax returns were her only significant documents. She was advised to gather witnesses who could detail their marital relationship.

Importantly, Maria did not have the opportunity to present this evidence during the USCIS interview. Immigration court provides the ideal forum to present additional evidence to prove her marriage was entered into in good faith.

Besides testimonial evidence, Maria can demonstrate that John has been clinically diagnosed with dementia, explaining his inconsistent answers during the USCIS interview. This crucial evidence could have significantly impacted her case.

With the submission of testimonial evidence and John’s medical records, Maria successfully proved her case in court and retained her green card.

Options for Others in Similar Situations

For those not as fortunate as Maria, an immigration judge, with the assistance of legal counsel, may accept an INA Section 237(a)(1)(H) waiver if the charge for terminating conditional residency relates to marriage fraud.

This case highlights the importance of gathering substantial evidence and leveraging all available legal avenues to demonstrate the legitimacy of a marital relationship, even under challenging circumstances.

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USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees

USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees
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WASHINGTON – Today, U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. The final rule will allow USCIS to recover a greater share of its operating costs and support more timely processing of new applications.

The final rule is the result of a comprehensive fee review, as required by law, and follows the January 2023 publication of a notice of proposed rulemaking. The review concluded that the current fee schedule falls far short in recovering the full cost of agency operations, including the necessary expansion of humanitarian programs, federally mandated pay raises, additional staffing requirements, and other essential investments.

“For the first time in over seven years, USCIS is updating our fees to better meet the needs of our agency, enabling us to provide more timely decisions to those we serve,” said USCIS Director Ur M. Jaddou. “Despite years of inadequate funding, the USCIS workforce has made great strides in customer service, backlog reduction, implementing new processes and programs, and upholding fairness, integrity, and respect for all we serve.”

USCIS received over 5,400 unique public comments in response to its January 2023 notice of proposed rulemaking. USCIS took into consideration comments and feedback received during the proposed rulemaking process. Acknowledging this feedback from stakeholders, the final fee rule includes several important updates since the initial rulemaking. The final rule:

  • Lowers the agency’s required annual cost recovery by $727 million, in part by considering the budget effects of improved efficiency measures;
  • Expands fee exemptions for Special Immigrant Juveniles and victims of human trafficking, crime, and domestic violence; U.S. military service members and our Afghan allies; and families pursuing international adoption;
  • Provides special fee discounts for nonprofit organizations and small business employers;
  • Allows for half-price Employment Authorization Document applications for applicants for adjustment of status and a reduced fee for adjustment of status applicants under the age of 14 in certain situations;
  • Expands eligibility for a 50% fee reduction for naturalization applications, available to individuals who can demonstrate household income between 150% and 400% of the Federal Poverty Guidelines; and
  • Implements a standard $50 discount for online filers.

Every fee in the final rule is the same or lower than in the proposed rule. For most individual filers, the final rule limits how much newly established fees may increase. Under the final rule, the new fees will not increase by more than 26%, which is equivalent to the increase in the Consumer Price Index since the last fee rule was issued in 2016.

With the new revenues the rule will generate, USCIS will continue using innovative solutions to improve customer experience and stem backlog growth. Although the fee increases announced today will allow USCIS to better offset overall costs, congressional funding continues to be necessary to sustainably and fully address the increased volume of caseloads associated with recent border crossers, including by hiring additional USCIS personnel to help right-size a system that was not built to manage the numbers of cases USCIS receives.

The new fees under the final rule will go into effect on April 1, 2024.

USCIS encourages stakeholders to visit the Frequently Asked Questions page on its website to view a full list of the revised forms that will go into effect on April 1, 2024, along with the new fees. USCIS will accept prior editions of most forms during a grace period from April 1, 2024, through June 3, 2024. During this grace period, USCIS will accept both previous and new editions of certain forms, filed with the correct fee.

There will be no grace period for the following new forms, however, because they must be revised with a new fee calculation. Filers should click the links below to access a preview version of each new form edition before the April 1, 2024, effective date:

USCIS will use the postmark date of a filing to determine which form version and fees are correct but will use the receipt date for purposes of any regulatory or statutory filing deadlines.

USCIS ANNOUNCES WINDOW FOR  H1B CAP REGISTRATION

The fiscal year 2025 (March 2024) H-1B cap registration period will open at noon eastern on March 6, 2024 and run through noon eastern on March 22, 2024. For fiscal year 2025 H-1B cap filings, employers will also have the option of filing Form I-129 electronically on the USCIS website.

On January 30, 2024, USCIS announced a final rule to reduce the potential for fraud in the H-1B registration process. The new rule selects H-1B cap entries by each unique employee, instead of by each registration. This gives each employee the same chance of selection, regardless of how many registrations were submitted on that employee’s behalf.

With this update to the registration process, the employee is required to include valid passport or travel document information, and a employee cannot register under more than one passport or travel document.

USCIS has also provided clarification that for H-1B cap petitions, a start date after October 1 of the relevant fiscal year is allowed.

(Source: USCIS Website-Release Date: 01/30/2024)

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Marry, Divorce & Remarry: Effect on the Conditional Green Card Holder Spouse

Marry, Divorce & Remarry: Effect on the Conditional Green Card Holder Spouse
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Entering into a good faith marital relationship is always with the intention to stay married forever.  But what if there is no “forever”? What will happen when there is separation or divorce?  What are the effects of these circumstances to the petitioned spouse who is a green card holder with only a conditional resident status? 

Let’s take the case of Joseph (not his real name).  In 2015, Joseph entered the United States based on the petition of his U.S. citizen spouse Rita.  They were childhood sweethearts and have known each other since high school.  So when Rita attended their high school reunion, both Joseph and Rita rekindled the old flame and got married in a simple wedding ceremony.  Upon returning to the United States, Rita petitioned Joseph.  After a year of petitioning, Joseph was able to travel to the United States and was issued a 2-year conditional green card with an expiration date of  12/30/2018.  

After being together for only 6 months, Rita and Joseph began to experience marital problems until they decided to go their separate ways. Rita obtained a divorce decree ending their short lived relationship.  

With Joseph’s green card’s validity expiring, he was at a loss on whether he will return to the Philippines (to avoid falling out of status) or file for a waiver.  He decided to return to the Philippines but a few months before his departure, he met Cecilia who is also a U.S. citizen.  Cecilia and Joseph started dating regularly until Cecilia offered to marry and petition Joseph.  Now Joseph is presented with a situation where he has to choose to return to the Philippines or have Cecilia petition him.  Can he be petitioned even if he still has 6 months validity on his original conditional resident card?  Will the USCIS allow him to adjust his status in the U.S. once Cecilia petitions him?

Under the Immigration and Nationality Act (INA) Section 245(d), conditional residents are barred from adjusting unless they take the necessary steps to remove the two year conditions on their status.  This means that a person could not obtain conditional resident status based on marriage to a U.S. citizen, divorce that petitioner spouse, remarry a second U.S. citizen and re-adjust during that 2 year period.  

When a person with conditional resident status fails to file for the Petition to Remove Condition (I-751) prior to expiration of the validity of the two year conditional status, the USCIS usually issues a decision terminating the status of the green card holder.  The next process then is that the petitioned spouse will be facing the Immigration Judge in a court proceeding to have a filed I-751 be reviewed to prove validity of the first marriage. 

This rule had applied for many years until the interpretation of this rule was changed in 2019 by the USCIS based on the case of Matter of Stockwell, 20 I&N Dec 309 (BIA 1991), where a person with condition resident status may adjust based on second marriage without having to go to immigration court.

Therefore, in the case of Joseph, once he gets the USCIS Notice Terminating his resident status, he will be allowed to adjust based on the second marriage.  USCIS interpretation is that conditional status is now terminated as a matter of law on the second anniversary of the noncitizen’s lawful admission for resident status. 

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Doctor “lost” his U.S. Citizenship after Renewing his Passport

Doctor Lost Citizenship after Renewing Passport
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A 62 year old doctor, born in the United States tried to renew his U.S. passport but instead lost his U.S. citizenship. This story originally was published by the Washington Post in November 2023.

Dr. Siavash Sobhani who has been practicing medicine for 30 years and is nearing retirement has always been a holder of a U.S. passport.  He also has proof through his birth certificate that he was born in the United States.  

The U.S. Department of State confirmed his U.S. citizenship by the issuance and past renewals of his U.S. passport.  His last renewal came as a surprise when he was denied issuance of a U.S. passport and was informed that he was in fact not a U.S. citizen. 

Jus Soli Not an Absolute Rule

The United States follows the jus soli principle of citizenship  where a person who is born in the United States is considered to be a U.S. citizen.  But this general rule is not absolute.  There are also classes of individuals that are exempt from the application of this citizenship rule.

Under pertinent regulations, children of high level credited foreign diplomats on the Department of State’s Blue List who are born in the United States are not United States citizens.

The rule states that a “person born in the U.S. to a foreign diplomatic officer accredited to the United States,as a matter of international law, is not subject to the jurisdiction of the United States.  That person is not a United States citizen under the Fourteenth Amendment to the Constitution.”

Who are the Foreign Diplomatic Officers?

Foreign diplomatic officers are those listed in the State Department Diplomatic List known as the “Blue List.”  These include ambassadors, ministers, charges the ‘affaires, counselors, secretaries and attaches of embassies and legations as well as members of the Delegation of the Commission of the European Communities..

Who are NOT Foreign Diplomatic Officers?

Employees of foreign diplomatic missions whose names appear in the State Department list entitled “Employees of Diplomatic Missions Not Printed in the Diplomatic List” also known as the “White List”. Also included are (1)employees of foreign diplomatic missions accredited to the United Nations Organization of American States or foreign diplomats accredited to other foreign states; (2) foreign government employees with limited or no diplomatic immunity such as consular officials named on the State Department list entitled “Foreign Consular Officers in the United States” and their staffs.

In the case of Dr. Sobhani, he was born in the United States to a parent who is foreign diplomatic officer from Iran.  When the Department of State realized this through his last submission of his application for renewal, he was denied issuance of his passport.

Rectifying the Mistake

What this means is that the U.S. government can make a mistake decades back and there is no statutory period to rectify this.  Hence, Dr. Sobhani was taken aback when the Department of State refused renewal of his passport.  In fact, he did not lose his U.S. citizenship, he actually did not have U.S. citizenship to begin with since his father was a foreign diplomatic officer not subject to the jurisdiction of the United States.

For those who were born in the United States of foreign diplomatic officer parents, you may want to examine your citizenship status.  If you are not a U.S. citizen at the time of birth and your parents were diplomatic officers as defined above, you are still entitled to reside in the United States as lawful permanent residents.  After residing in the United States as permanent residents for 5 years, you may then apply for naturalization as U.S. citizens.  This is what happened to Dr. Sobhani, he had to start applying for his lawful permanent residence and apply for citizenship after 5 years.

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Bipartisan Effort to Enhance Healthcare Workforce

Bipartisan Effort to Enhance Healthcare Workforce
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In a significant move to address the shortage of registered nurses in U.S. hospitals, Democratic Sen. Richard Durbin of Illinois introduced in the 118th Congress the Healthcare Workforce Resilience Act, garnering widespread bipartisan support. Eight Republicans, six Democrats, and one Independent joined forces to cosponsor this promising proposal.

The Healthcare Workforce Resilience Act targets the shortage by reclaiming unused employment-based visas and earmarking them exclusively for healthcare professionals. Notably, this includes 25,000 visas allocated for professional nurses and 15,000 for physicians. A crucial aspect of this initiative is that the visas granted will not be bound by country caps, offering U.S. employers the flexibility to recruit skilled international nurses from any part of the world.

To streamline the process, the proposed act mandates the Department of State (DOS) to expedite visa processing and shipping without additional charges for speedier service. This presents a significant advantage for both healthcare facilities and aspiring foreign nurses looking to contribute to the U.S. healthcare system.

Despite the promising bipartisan support, the future of the bill remains uncertain. While the bill’s strong backing is noteworthy, past legislative sessions saw earlier versions of the Healthcare Workforce Resilience Act faltering. Introduced in May 2020 and again in March 2021, both bills unfortunately met their demise in the Senate without a vote.

Stay tuned for updates on this pivotal legislation as we collectively work towards addressing the pressing healthcare workforce challenges in the United States.

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Unlocking Opportunities: Biden’s AI Executive Order and Employment-Based Immigration

Biden's AI Executive Order and Employment Based Immigration
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Greetings!

We’re excited to share insights into President Biden’s recent executive order on artificial intelligence and its potential to transform employment-based immigration in the United States. This executive order is not just about technology but also focuses on modernizing the Schedule A list, a pivotal move aimed at addressing labor shortages in high-demand sectors and enticing global talent to contribute to vital areas of the country.

Understanding the Impact of Biden’s AI Executive Order on Employment-Based Immigration

President Biden’s AI executive order (Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence) signifies a groundbreaking step in reshaping employment-based immigration laws. A key aspect is the directive for the Department of Labor (DOL) to issue a request for information (RFI) by December 13, inviting public and expert input on “identifying AI and other STEM-related occupations.” This process marks the first significant update to the Schedule A list since 1991, promoting transparency and engagement. At the moment, included in the list are registered nurses and physical therapists.

With this Executive Order the DOL will gather public input to identify specific AI and emerging technologies-related occupation, and other sectors, lacking sufficient U.S. workers. President Biden’s order positions the nation to adapt to economic and skill demands, ensuring relevance in the evolving job landscape.

To ensure accuracy in reflecting current labor shortages and adaptability to future market changes, the DOL is encouraged to employ comprehensive labor market analytics. This data-driven approach involves analyzing unemployment rates, employment growth, wage patterns, and job vacancy rates, fostering a responsive and dynamic Schedule A list.

Beyond Filling Gaps: A Strategy for Economic Growth and Innovation

Modernizing the Schedule A list extends beyond addressing job vacancies; it’s a strategic move to drive progress and innovation in critical sectors like STEM and healthcare. Attracting international talent to these areas solidifies the US as a hub for innovation, complementing domestic contributions and fostering economic growth.

Conclusion:

President Biden’s AI executive order marks a crucial step in reshaping the employment-based immigration landscape, offering predictability and flexibility aligned with current economic conditions. However, a comprehensive approach to modernizing employment-based immigrant visa categories is essential to prevent prolonged wait times for foreign workers. This holistic strategy ensures the United States remains a competitive destination for global talent, propelling economic growth and innovation.

Best regards,
Tancinco Law

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Understanding Visa Retrogression

Understanding Visa Retrogression
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The Department of State (DOS) puts out a monthly document called the Visa Bulletin. It tells people when they can apply for green cards. The dates in the Visa Bulletin are like deadlines. They are based on how many green cards are available each year and where people are from. There are different categories for getting green cards, like for work or family.

In the Visa Bulletin, there are two lists for each category: one for when you can start applying and another for when you can finish the application. The U.S. Citizenship and Immigration Services (USCIS) looks at these lists to decide when you can send in your green card application. If there are enough green cards, you use the “Dates for Filing Applications” list. If not, you use the “Application Final Action Dates” list. It’s like waiting for your turn.

Usually, the dates in the Visa Bulletin either move ahead or stay the same every month. But sometimes, a date that was okay for applying one month might not be okay the next month. This is called “visa retrogression.” It means you must wait longer to apply for a green card.

Why does visa retrogression happen?

Each month, DOS estimates how many visas will be available in each category. DOS uses different factors to estimate available immigrant visas, including how many applications will likely be approved, how many people have a priority date in more than one category, and how many related family members will receive a green card with the main applicant. Sometimes, the demand for visas is greater than the number of visas that are available. In these cases, the DOS revises its previous estimate and uses an earlier “cut off” date to ensure that more visas are not issued than allowed.

What if my visa category retrogresses?

You will not lose your place in line and your priority date will not change. If you have already attended a visa interview or applied in the United States and your priority date retrogresses, your application will remain in line until your priority date is current again. If you have not yet attended a visa interview or applied for adjustment of status, then you must wait until your priority date becomes current to take one of those steps.

If my green card application is pending and my visa category retrogresses, what can I do?

While your green card application is still being processed by USCIS, you’re allowed to stay in the United States. This is called a “period of authorized stay.” You can also ask for permission to work and travel. You can keep renewing these permissions as many times as you need.

If your I-485 application has been with USCIS for at least 180 days, you can switch to a new job in a similar field.

Your children who applied for green cards with you might still qualify to stay in the U.S. even if they turn 21, thanks to the Child Status Protection Act.

What if my priority date moves ahead in a different visa category? Can I change categories?

Yes, you can ask to switch to a different visa category. For instance, if you have a pending or approved I-140 petition for a different work-related visa category with a current date, you can ask to use that for your green card application instead. You might need to fill out an extra form called I-485 Supplement J.

If you have a family-based case with a current date in a different category, you can also ask to change your green card application to that category by sending a written request to USCIS.

It’s a good idea to talk to an immigration lawyer to see if you can use either of these options.

When will I receive my green card?

It is often hard to predict how fast or slow the dates in the Visa Bulletin will move. You’ll get your green card when your turn comes up in the Visa Bulletin. If you’re still eligible when that happens, your application will be approved. It’s like waiting for your number to be called.

We are closely monitoring the monthly Visa Bulletin and encourage you to contact our office at Tancinco Law at (415)397-0808 or 1 888-930-0808 if you have any questions. You can also schedule an appointment through our website at www.tancinco.com or email us at law@tancinco.com