Tag: visa application

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U.S. Embassy to Launch New Visa Application Center, Additional Consular Information Services

U.S. Embassy to Launch New Visa Application Center, Additional Consular Information Services
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Manila, September 6, 2024—The U.S. Embassy in the Philippines will open a new Visa Application Center (VAC), launch an updated visa appointment system, and expand call center services to U.S. citizens in the Philippines starting on September 28.

The new VAC will be located at Parqal Building 8, Level 3, Diosdado Macapagal Boulevard, Barangay Tambo, Parañaque City. Immigrant and nonimmigrant visa applicants seeking interview appointments starting September 28 will be required to schedule a separate appointment at the VAC for photo capture and fingerprint scanning prior to their interview at the U.S. Embassy on Roxas Boulevard. Scheduling will be done through the new and redesigned online appointment system.

Applicants who have scheduled a visa interview before September 28 will not be affected by this change and should proceed directly to their appointment at the Embassy.

The new online appointment system will feature a secure and user-friendly interface for visa applicants and will be available on September 28 on ustraveldocs.com/ph . Applicants who have existing accounts in the current visa appointment system will be required to sign in to the new system using their already-registered email address to retrieve their user profile, which includes payment receipts and appointment information.

The VAC will offer appointment slots from 7:00 a.m. to 4:00 p.m., Monday to Friday, and from 7:00 a.m. to 11:00 a.m. on Saturdays. No appointment is needed for applicants who would like to pick up their passports or drop off interview waiver visa applications and other required documents from 7:00 a.m. to 4:00 p.m., Monday to Friday.

Additionally, the U.S. Embassy will launch a call center for customers with general, non-emergency American Citizen Services (ACS) inquiries. U.S. citizens can call consular hotlines at (+632) 7792-8988 or (+632) 8548-8223, or (703) 520-2235 for callers in the United States, with passport, citizenship, and notarial service questions. The U.S. Embassy will also launch a new and dedicated website (ustraveldocs.com/ph/en/american-citizens-services ) and email (support-acs-philippines@usvisascheduling.com) for these ACS services on September 28. Inquiries not related to passport, citizenship, or notarials should still be sent to the embassy’s ACS unit directly via ACSInfoManila@state.gov.

Updates regarding these changes will be posted on the U.S. Embassy website (ph.usembassy.gov) and on the Embassy’s Facebook  (facebook.com/USEmbassyPH/ ) and X account (@USEmbassyPH ).

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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

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Updates

H1B Visa Registration to Start On March 9, 2021

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Every year, U.S. petitioners seeking to hire professionals who are foreign nationals undergo a lottery system to obtain H1B visas for their prospective employees. Thousands of applicants, including those from the Philippines, who are on student visas and graduated from U.S. schools and those who are foreign educated, have opportunities to apply for professional working visas as long as they are eligible. 

H1B is a professional working visa that will allow an individual to work in the United States for a specific U.S. employer and for a specific period of time. H1B visas allow workers to stay in the U.S. for up to three, or in some cases, six years and bring immediate family members with them. They also provide a pathway to receiving permanent immigrant visas or green cards.

The Lottery System

There are only 65,000 H1B visas each year plus 20,000 more reserved for individuals with master’s degrees or higher from U.S. institutions. With these limited numbers of visas, a lottery system has been put in place because there are more petitions submitted than the number of H1B visas available. Last year, there were 275,000 petitions filed which is way above the numerical limitations. 

For many years, the system was for the U.S. Citizenship and Immigration Services (USCIS) to choose randomly from among the submissions. Once it reaches its 85,000 petitions it will stop accepting petitions. It will then notify petitioners whose petitions were accepted or rejected.

The selection process changed on December 6, 2019 when USCIS announced a new electronic registrations system. This new system requires petitioner’s to register electronically (instead of filing a paper petition) with the USCIS and pay a $10 registration fee before an H1B cap subject petition may be submitted. Registration period is announced by the USCIS before actual filing takes place. Last year, registration started March 1, 2020 through March 20, 2020 or until enough registrations are reached to receive the numerical limit. USCIS then sends notices to H1B visas to those who are accepted or rejected.

The past Trump administration attempted to change the selection process.  USCIS would have prioritized H1B applications based on their wages with the workers offered the highest pay moving to the front of the line. On February 4, 2021, the USCIS announced that it will not implement this change because of technical challenges but instead will stick to the current lottery electronic registration system for the coming Fiscal Year 2022.

Registration period

USCIS announced that registration period begins on March 9, 2021 until March 25, 2021. Selected registrants by USCIS will be notified by March 31, 2021. USCIS will accept H1B petitions by April 1, 2021.

U.S. companies or businesses wishing to apply for the H1B visas for their employees need to plan early. They may contact their respective professional legal representatives to guide and assist them through the H1B process.

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Updates

Social Media Disclosures on U.S. Visa Applications

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The U.S. Department of State recently announced that the visa application forms were revised to include additional questions relating to applicants’ social media platforms. What will a prospective visa applicant anticipate by this social media monitoring? Will there be more visa denials as a result of this added scrutiny by the consular officer?

Social media screening rules were first published by the Department of State on March 30, 2018 in response to the current administration’s 2017 Presidential Memorandum calling for heightened vetting of new immigrants. The forms that were revised to conform to these changes are DS160 and DS156 for non-immigrant visa applicants and the DS260 for immigrant visa applicants.

An applicant for U.S. visa may notice that when downloading the revised forms, additional information, under “Address and Phone Information” page, are required. There is a list of multiple social media platforms and among those listed are: Facebook, Google+, Instagram, LinkedIn, Pinterest, Twitter, YouTube. The applicant must click the platforms he had in the last 5 years from date of application and provide any identifiers used. If the platform used is not on the list, the applicant will be given the option to provide information about any social media identifiers associated with any other platforms. Exempt from this requirement are social media accounts of multiple users within a business or other organization.

Only identifiers such as usernames/user IDs, handles, screen-names tied to the social media accounts are required. Passwords will not be asked and applicant must not voluntarily reveal the passwords. Also, if the applicant has a social media presence and does not wish to reveal it on the form he cannot delete his account or answer “none”. If this is done, the applicant will most likely deny the application for misrepresentation if the consular officer subsequently discovers prior use of a social media platform. So it is advisable to be revealing all platforms used when accomplishing the form.

Other questions seek five years of previously used telephone numbers, email addresses, and international travel; whether the applicant has been deported or removed from any country; and whether specified family members have been involved in terrorist activities.

Knowing that social media content is easy to misinterpret, what standards in reading content will be used by consular officers to determine a threatening message and in assessing eligibility for the issuance of a visa? What if the visa applicant erroneously sent a happy emoji to a posting of another user condemning a tragic incident? Will this visa applicant become a suspect? Will there be biases on postings expressing differing religious and political views? Social media content is very vulnerable and may be magnified and taken out of context. At this point, it is too late for visa applicants to start sanitizing their postings and social media presence. There should be freedom of expression on any medium and this new disclosure requirement should not serve to curb protected speech of visa applicants. Perhaps, the least that could be done by prospective travelers is to stay vigilant and be more mindful of their postings.

The current visa vetting system before these disclosure requirements is very thorough and as it is, it is known to identify national security threats. It remains to be seen whether these new disclosures will enhance national security.

(Atty. Lourdes Santos Tancinco, Esq. is an immigrant advocate and a principal partner at the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)

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Closing of USCIS Office in Manila Will Not Adversely Affect U.S. Visa Applicants

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Beginning July 5, 2019, the U.S. Citizenship and Immigration Services (USCIS) field office in Manila will be closed. Visa applicants and those who have pending visa petitions were alarmed by this recent development. It is important to note that the processing and issuance of visas will still continue at the U.S. Embassy in Manila through its visa services unit. USCIS and the U.S. Embassy have distinct responsibilities when it comes to immigration.

The USCIS

The USCIS is an agency within the U.S. Department of Homeland Security (DHS) and administers the country’s naturalization and immigration system. USCIS field offices such as the one in Manila handle immigration petitions such as petitions for immediate relatives (I-130), Application for Travel Document (Carrier Documentation), Abandonment of Lawful Permanent Resident Status (I-407), among others. The USCIS announced that individuals who were previously assisted in its Manila field offices before June 3, 2019 must follow new filing instructions that may be found on their website (www.uscis.gov).

The U.S. Embassy

The U.S. Embassy is under the U.S. Department of State (DOS) has varying responsibilities in immigration law which include non-immigrant visas, immigrant visas and anti-fraud activities related to the administration of visa issuances among others. The U.S. Embassy handles applications and the issuance of visas.

Both immigrant and non-immigrant visa processing with the U.S. Embassy will continue despite the closure of the USCIS office. General information about the U.S. Embassy Manila is available on the embassy’s website (https://ph.usembassy.gov).

(Atty. Lourdes Santos Tancinco, Esq. is an immigrant advocate and a principal partner at the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)