CHINA: New Administrative Rules for Foreign Nationals Entering China Will Take Effect in September

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New administrative rules for foreign nationals entering China will take effect in September. The new rules make significant changes.

The People’s Republic of China Administrative Rules for Foreign Nationals’ Exit-Entry were passed by the Standing Committee of the State Counsel on July 3, 2013, and are set to take effect on September 1, 2013. This is the highest level administrative rulemaking that has occurred in response to China’s new Exit-Entry laws that took effect on July 1, 2013. While the Administrative Rules do not answer all the questions that practitioners have regarding China’s new immigration system, they make significant changes.

Under the new rules, ordinary visas are divided into 12 classifications—significantly more than the current 8 visa categories. The first new category is the M visa for persons who enter China for business or commercial activities. The new rules split the traditional F visitor visa category into the new F visa for persons engaging in exchanges, visits, and exploration/inspections, and the new M visa for commercial business visitors. The administrative rules do not clearly differentiate the two categories. A previous draft of the administrative rules stated that F visas would be issued to persons going to China for non-commercial visits in the fields of science, education, culture, health, and sports. However, the elimination of this language from the final rules blurs the line between these two visa categories, and implies that F visas may apply to certain business visitors. Although sponsorship is not needed for F or M visas, an invitation letter from China is required for F visa applicants, and an invitation letter from a business partner in China is required for M visa applicants.

The second new category is the R visa for foreigners with high-level talent and specialized talent who are urgently needed in China. The new Exit-Entry law and administrative rules do not define “high-level talents or urgently needed professionals.” Instead, the administrative rules refer to “relevant government agencies” to provide the conditions and eligibility requirements for this visa category. More detailed rulemaking is expected to clarify the relevant definitions, visa specifications, application procedures, and possibly beneficial treatments for R visa holders.

The new administrative rules also split the traditional L visa for visitors into three categories: (1) a new L visa for tourists only; (2) a Q visa for Chinese nationals’ or Chinese lawful permanent residents’ family members who enter China to visit family; and (3) an S visa for family members of foreign nationals residing in China for work or study who are entering China to visit family, as well as other foreign nationals who enter China for other personal reasons. The S visa and Q visa essentially replace the former family visit L visa as well as various dependent visas. These two categories are further divided into the S1 and Q1 visa for long-term visits of over 180 days, and the S2 and Q2 visa for short-term visits of 180 days or fewer.

While visa applicants have generally enjoyed interview-free visa applications, the new administrative rules specify that under the following circumstances, foreign nationals should attend an in-person interview according to the Chinese consulate’s request: (1) if the applicant will stay for more than 180 days upon entry; (2) if the applicant’s personal identification information and the purpose of entry needs to be verified; (3) if the applicant has previously been rejected entry or has been given voluntary departure; or (4) if there are other circumstances making an interview necessary. The first condition applies to foreign nationals applying for J1 long-term journalist visas, Q1 long-term family visit visas, R talent visas, S1 long-term family visit visas, X1 long-term student visas, or Z work visas.

The new administrative rules require Chinese local public security authorities to process and adjudicate visa extensions, replacements, and change-of-status applications within 7 days and to process and adjudicate resident permit applications, extensions, and replacements within 15 days. The authorities must issue a receipt notice, which can be used by foreign nationals as their stay authorization document in cases where the foreign nationals’ passport or travel document has been retained by the authorities for visa processing. The receipt notice is valid for up to 7 days for visa-related applications, and up to 15 days for resident permit-related applications. Various cities in China have already adopted this practice.

News from the Alliance of Business Immigration Lawyers Vol. 9, No. 10B • October 15, 2013

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Headlines:

1. DOS Releases Info on Cut-Off Date Calculations; November 2013 Visa Bulletin Shows Movement in China ‘Other Workers’ Category – DOS has released information about how it calculates visa availability cut-off dates. Separately, the Visa Office has released the latest November 2013 Visa Bulletin.

2. EOIR Issues Guidance on Immigration Court Filings During Government Shutdown – During the lapse in government funding, the operating status of each immigration court is categorized in one of three ways.

3. Congress Extends Special Immigrant Visa Program for Iraqis – Visas may be issued to principal applicants until December 31, 2013.

4. FY 2014 Limit Set for CNMI-Only Transitional Workers – DHS has announced a limit of 14,000 nonimmigrants for FY 2014 for CNMI-Only Transitional Workers.

5. SEVP Seeks Feedback on Draft Guidance re Vacations, Temporary Absences, and Timely Filings – The program is accepting feedback on draft guidance regarding vacations, temporary absences, and timely filings.

6. New Publications and Items of Interest – New Publications and Items of Interest

7. Member News – Member News

8. Government Agency Links – Government Agency Links

Details:

1. DOS Releases Info on Cut-Off Date Calculations; November 2013 Visa Bulletin Shows Movement in China ‘Other Workers’ Category

The Department of State (DOS) recently released information about how it calculates visa availability cut-off dates. Separately, the Visa Office has released the latest November 2013 Visa Bulletin, which explains additional points and notes forward movement in the China employment-based third preference “Other Workers” category.

Visa availability calculations. DOS explained that each month, its Visa Office subdivides the annual preference and foreign state limitations into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and U.S. Citizenship and Immigration Services offices, grouped by foreign state chargeability, preference category, and priority date. 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 there is only demand for 1,000 applicants, the category will 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 there is demand for 8,000 applicants, it would be necessary 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.

The DOS noted that the FY 2013 employment annual limits were reached before the end of September, and no further allocation of numbers was possible after that time. Offices continued to process employment cases, submitted them in the normal manner, and such cases were then held in the Visa Office’s “Pending Demand” file. All eligible cases were then allocated employment-based numbers on October 1, 2013, under the FY 2014 annual limits.

DOS said that the number of I-485 adjustment of status applications already filed in the employment third preference (on which U.S. Citizenship and Immigration Services (USCIS) has not yet finalized action) for countries other than India and the Philippines exceed the numbers currently available. These filings are the result of the cut-off dates for those countries having been advanced by over three years since April. DOS said that such demand must be considered in the determination of the monthly cut-off dates to prevent any unnecessary fluctuation in those dates.

The imposition of cut-off dates for some categories/countries has limited the number of applicants who have been able to file for adjustment of status with USCIS, and such applicants would not be included in the totals, DOS noted. In addition, new applicants are constantly becoming eligible for processing in categories for which cut-off dates do not apply, or for a category other than that in which they initially filed for status.

Therefore, DOS said that the totals in the Visa Bulletin charts should not be interpreted to reflect the total universe of applicant demand. These totals only represent the amount of demand taken into consideration during the determination of new dates.

Visa Bulletin. The Visa Office noted in its November 2013 Visa Bulletin that:

It is important to remember that the establishment of a monthly cut-off or “Current” status for a numerically controlled category (preference or Diversity [Visa]) applies to those applicants who were reported prior to the allocation of visa numbers for that month. For example, all qualified applicants who were reported to the Visa Office in time to be included in the calculation of the September cut-offs, who had a priority date or rank-order number before the relevant September cut-off, would have been allotted visa numbers for September. There would be no expectation, however, that sufficient numbers would be available for the processing of cases which subsequently became eligible for final action during that month. Additional numbers may be allocated outside the regular monthly cycle, but only to the extent that such numbers remain available under the applicable annual limit. The availability of additional numbers is subject to change at any time and should never be taken for granted. This is especially true late in the fiscal year when numerical allocations are often close to or at the annual limits.

When applicants fail to appear or overcome a refusal (even for reasons beyond their control) during the original month of scheduled interview, they risk not having their case processed later in the fiscal year. This is because the establishment of a monthly cut-off or “Current” status for a numerically controlled category (preference or Diversity Visa) applies to those applicants who were reported before the allocation of visa numbers for that month.

Employment-Based Third Preference:

China: Rapid forward movement of the cut-off date, as a result of there being insufficient demand to use all available numbers, allowed the category to reach the Worldwide third preference cut-off date in May 2013. The continued lack of demand has allowed the “otherwise unused” numbers available under that limit to be provided for use in the China employment third preference Other Workers category. The continued addition of those numbers has allowed the cut-off date for that category to reach the China third preference date for November. This is the same action which has been possible for the Other Worker category in other “oversubscribed” countries such as India and Mexico. A sudden increase in demand for China employment third preference visas could require corrective action in the China Other Worker cut-off date at any time.

The DOS’s information includes charts showing the estimated total number of visas available for each employment preference category and country for fiscal year 2014. Demand data used in the determination of the November 2013 employment preference cut-off dates are also included in the charts.

INFORMATION

VISA BULLETIN FOR NOVEMBER 2013

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2. EOIR Issues Guidance on Immigration Court Filings During Government Shutdown

The Department of Justice’s Executive Office for Immigration Review (EOIR) issued guidance on October 9, 2013, about how to handle immigration court filings during the U.S. government shutdown.

There are several types of deadlines for filings before an immigration court, EOIR noted. Some exist in statutes and regulations, and others are contained in Section 3.1 of the Immigration Court Practice Manual (ICPM). An immigration judge may set specific deadlines in a given case, whether or not the respondent is detained.

EOIR explained that during the lapse in government funding, the operating status of each immigration court is categorized in one of three ways: “Open,” “Open to hear detained cases only,” and “Closed.” As a general matter, immigration courts that have a docket consisting primarily of detained cases are designated as “Open” and are accepting filings at the window and by mail. Deadlines relating to cases before courts designated as “Open” are effective even during the lapse in funding as the adjudication of these cases moves forward, EOIR explained.

A second group of courts, which hear both detained and non-detained cases, are referred to as “Open to hear detained cases only.” Deadlines relating to detained cases before these courts are effective during the lapse in funding, and filings related to such cases are being accepted at the window and by mail. Filings relating to non-detained cases at these courts also will be accepted at the filing window or by mail and date-stamped, but will not be processed further during the lapse in funding. In addition, motions for extension of filings deadlines pursuant to section 3.1(c)(iv) of the ICPM will be accepted for non-detained cases, but decisions on such motions might not occur until the government receives funding for fiscal year 2014.

For non-detained cases pending before court locations designated as “Closed,” filings currently are not being accepted at the window and no court staff is processing mail, EOIR said. Decisions on how non-detained cases will be rescheduled and how filings related to those cases will be considered will be made once the government reopens. If motions for extension of filings deadlines pursuant to section 3.1(c)(iv) of the ICPM are submitted by mail, decisions on such motions will not occur until the government receives funding for fiscal year 2014.

NOTICE

LISTING OF IMMIGRATION COURTS AND THE OPERATING STATUS OF EACH COURT

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3. Congress Extends Special Immigrant Visa Program for Iraqis

Congress has extended, and President Barack Obama has signed, legislation (H.R. 3233) extending the Special Immigrant Visa (SIV) program for Iraqi nationals who worked for or on behalf of the U.S. government. The President signed the legislation on October 4, 2013.

The law extends the authority of the Department of State (DOS) to issue SIVs to Iraqi nationals under the National Defense Authorization Act of 2008 until December 31, 2013. Visas may be issued to principal applicants under this program until that date. Approved visas are not affected by the end of the program.

The SIV program that has been extended covers Iraqi nationals who, between March 20, 2003, and September 30, 2013, were employed by or on behalf of the U.S. government in Iraq for a period of at least one year. The program had expired with respect to principal applicants on September 30, 2013, but has now been extended. The extension permits USCIS to approve petitions or applications for visas or adjustment of status to lawful permanent residence in any eligible Iraqi SIV case that were pending with USCIS or with DOS when the program expired on September 30, 2013. USCIS may also approve an additional 2,000 cases as long as the initial applications to the DOS Chief of Mission in Iraq are made by December 31, 2013.

Also, DOS’s authority to issue Special Immigrant Visas to Afghan nationals expires on September 30, 2014. DOS said it welcomes any actions by Congress to extend the Afghan SIV program and to further extend the Iraqi SIV program. “Across the U.S. government, every effort is being made to ensure qualified applicants are processed in a timely fashion before the Iraqi and Afghan programs’ scheduled end dates,” DOS said. It is unclear how the government shutdown may be affecting processing.

The authority to grant derivative SIV status to spouses and children of principal Iraqi SIVs did not sunset on September 30, 2013, and is not numerically capped.

USCIS ANNOUNCEMENT

DEPARTMENT OF STATE’S ANNOUNCEMENT

Information on a separate extension for translators/interpreters in Iraq or Afghanistan who worked with the U.S. Armed Forces or under Chief of Mission authority is available HERE.

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4. FY 2014 Limit Set for CNMI-Only Transitional Workers

The Department of Homeland Security (DHS) has announced a limit of 14,000 nonimmigrants for fiscal year (FY) 2014 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program.

Under the CW-1 program, employers in the CNMI can apply for temporary permission to employ foreign nationals who are ineligible for any existing employment-based nonimmigrant category. The CW program is in effect until December 31, 2014. Before that date, the CNMI’s nonresident worker program is being transitioned to the U.S. federal immigration system. This transition period was established by the Consolidated Natural Resources Act of 2008 (CNRA), which extended, for the first time, most provisions of U.S. immigration law to the CNMI.

The annual CNRA-required reduction in CW-1 workers will eliminate the CW nonimmigrant classification by the end of the transition period. DHS set the CW-1 limit for FY 2014 at 14,000 to meet the CNMI’s existing labor market needs and provide opportunity for potential growth, while meeting a CNRA requirement to reduce the numerical limit each year. The CW program will end on December 31, 2014, unless it is extended by the DOL.

U.S. Citizenship and Immigration Services said this announcement does not affect the status of current CW-1 workers unless their employers file for extensions of their current authorized periods of stay or they seek to change CW-1 employers. Approved petitions that request a work-start date in FY 2014 (between October 1, 2013, and September 30, 2014) will count toward the 14,000 limit. The numerical limit applies only to CW-1 principals, USCIS noted. It does not directly affect persons currently holding CW-2 status, which is for spouses and minor children of CW-1 nonimmigrants. However, CW-2 nonimmigrants may be indirectly affected because their status depends upon that of the principal CW-1.

A numerical limit of 15,000 CW-1s was set for FY 2013. As of August 13, 2013, employers in the CNMI filed petitions for at least 7,323 transitional workers.

USCIS ANNOUNCEMENT

DHS FEDERAL REGISTER NOTICE

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5. SEVP Seeks Feedback on Draft Guidance re Vacations, Temporary Absences, and Timely Filings

The Student and Exchange Visitor Program (SEVP) periodically requests feedback from the public on draft guidance affecting F and M students. The program is accepting until October 23, 2013, feedback on guidance regarding vacations, temporary absences, and timely filings:

  • Vacations: This document gives the SEVP interpretation of the F-1 student annual vacation regulation to guide adjudicators
  • Temporary absences: This document gives SEVP’s interpretation of the temporary absence regulation to guide adjudicators and addresses the concept of authorized early withdrawal as it relates to temporary absence
  • Timely filings: SEVP notes that it is committed to the use of electronic reporting technology. Communications between SEVP and the academic community that previously depended upon the U.S. Postal Service and private-sector delivery companies are now conducted solely through electronic means. This guidance adjusts the allowable time for school officials and those who represent the schools to respond to SEVP notices

Links to the draft guidance listed above are available in SEVP’s NOTICE. The e-mail address for submitting feedback is [email protected](include the title of the guidance in the subject line).

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6. New Publications and Items of Interest

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, released by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.’

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or [email protected].

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available on the ABIL Blog.

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7. Member News

Laura Danielson will speak on Chinese nationality laws at the Union Internationale Des Avocats’ 57th Congress Conference to be held October 31 to November 4, 2013, in Macau, China.

Ms. Danielson will speak on the following topics:

  • “Proving Lawful Source of Funds as an Immigrant Investor,” at the 2013 Investment Immigration Summit to be held November 11-12, 2013, in Hong Kong SAR.
  • Hot topics in Chinese immigration laws, at the 6th Biennial International Bar Association’s Immigration and Nationality Law Conference to be held on November 21-22, 2013, in London, England.
  • Chinese nationality laws, at the Union Internationale Des Avocats 57th Congress Conference to be held October 31 to November 4, 2013 in Macau.

Rami Fakhoury and Robert Loughran presented an update on September 13, 2013, on “Tackling the Latest L-1 Challenges” to the technology companies that form The Texas Immigration Coalition in Dallas, Texas.

H. Ronald Klasko recently spoke at the 46th Annual Immigration & Naturalization Institute in New York City. Mr. Klasko presented “Challenges to Entrepreneurs Coming to the United States.”

Mr. Loughran presented a legislative and administrative update for FosterQuan’s semi-annual Immigration Update seminar in Austin, Texas, on October 10, 2013. Topics included breaking news in immigration, global visa options, how to navigate PERM challenges, and Form I-9 and E-Verify compliance.

Mr. Loughran will be a panelist on “The Future Workforce” at the 2013 InnoTech Austin, Technology & Innovation Conference to be held October 16, 2013.

Mr. Loughran will present to potential foreign investors in Israel on October 21-22, 2013, as a part of the Texas One delegation, which highlights Texas as a destination for economic development. His presentation will focus on what to expect when facing immigration challenges while investing in the United States.

Mr. Loughran will be a panelist at the Worldwide ERC Conference in Dallas, Texas, on October 24-25, 2013. Mr. Loughran will share his expertise on global immigration as it pertains to China.

Cyrus Mehta has published a new blog entry. “Delays for Overseas Spouses of U.S. Citizens Seeking Green Cards“.

Pearl Law Group won the Bronze Stevie® Award in the 2013 International Business Awards for “Most Innovative Company of the Year” in North America. The firm was considered among more than 3,300 nominees in more than 50 nations.

Julie Pearl will be a panelist for a session, “Managing Global Business Traveler Compliance,” at the Worldwide ERC Global Workforce Symposium in Dallas, Texas, on October 24, 2013.

Ms. Pearl will also speak on Extended Business Travel at the November 8, 2013, meeting of the Southern California Relocation Council (SCRC) in Long Beach, California.

Bernard Wolfsdorf spoke on “Hot Topics in Immigration Law” at the American Bar Association’s YLD conference on October 11, 2013, at the Arizona Biltmore.

Mr. Wolfsdorf will speak on “Hot Topics in Immigration Law” at the 26th Annual American Immigration Lawyers Association’s California Chapters Conference on November 8, 2013, at the Anaheim Marriott.

Stephen Yale-Loehr was quoted in an article on MainJustice.com on October 8, 2013. In “Foreign Investor Visa Program May Pose FCPA Risks in China, Advisers Say,” Mr. Yale-Loehr noted that the EB-5 program has been around since 1991, but has recently expanded exponentially, particularly with the start of the recession in late 2007 and 2008. “Interest in the program has increased overseas, particularly in China, as backlogs for other kinds of visas have also increased,” he said.

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8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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News from the Alliance of Business Immigration Lawyers Vol. 9, No. 10A • October 01, 2013

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Headlines:

1. Effects of Government Shutdown on Immigration Services Summarized – E-Verify is unavailable, among other effects of the federal government shutdown.

2. Diversity Visa Registration for 2015 Program Begins; Nigeria No Longer Eligible – Online registration for the DV-2015 Program began on Tuesday, October 1, 2013, at 12 noon EDT (GMT-4), and will conclude on Saturday, November 2, 2013, at 12 noon EDT (GMT-4).

3. Immigration Reform Languishes in Congress Amid Distractions – Immigration reform legislation lags in the House of Representatives; progress into 2014 is uncertain at best.

4. U.S. Consulate in Chennai Provides Helpful Tips to ABIL – The Chennai consulate in India processes 25% of the world’s H-1B visa applications and 30% of the world’s L-1 visa applications.

5. ABIL Global: Canada – Significant new changes are effective for the Québec Skilled Worker Program and the Labour Market Opinion application process.

6. New Publications and Items of Interest – New Publications and Items of Interest

7. Member News – Member News

8. Government Agency Links – Government Agency Links

Details:

1. Effects of Government Shutdown on Immigration Services Summarized

The shutdown of the federal government will affect certain components of the U.S. immigration system. For example, the E-Verify system is unavailable. Regulatory developments could also be delayed. The following is an overview of how the shutdown will affect various processes, based on agency statements and news reports.

U.S. Citizenship and Immigration Services: Processing of petitions and applications at USCIS is expected to continue uninterrupted because the agency is funded by user fees and does not depend on federal appropriations.

While the shutdown continues, however, E-Verify users will not be able to access their accounts. As a result, they will be unable to:

  • Enroll any company in E-Verify
  • Verify employment eligibility
  • View or take action on any case
  • Add, delete, or edit any User ID
  • Reset passwords
  • Edit company information
  • Terminate an account
  • Run reports
  • View “Essential Resources“

In addition, E-Verify Customer Support and related services are closed. As a result:

  • Employees will be unable to resolve Tentative Nonconfirmations (TNCs).
  • Telephone and e-mail support will be unavailable. Users may send e-mails, but USCIS says it cannot respond until the agency reopens.
  • E-Verify webinars and training sessions are cancelled.
  • E-Verify Self-Check is not available.

USCIS said it understands that E-Verify’s unavailability may have a significant impact on company operations. To minimize the burden on both employers and employees, USCIS has implemented the following policies:

  • The “three-day rule” for E-Verify cases is suspended for cases affected by the shutdown. USCIS said it would provide additional guidance once it reopens. USCIS noted that this does not affect the Form I-9 requirement—employers must still complete the I-9 no later than the third business day after an employee starts work for pay.
  • The time period during which employees may resolve TNCs will be extended. Days the federal government is closed will not count toward the eight federal government workdays the employee has to go to the Social Security Administration or contact the Department of Homeland Security. USCIS said it will provide additional time once it reopens.
  • Federal contractors complying with the federal contractor rule should contact their contracting officers to ask about extending deadlines.
  • Employers may not take any adverse action against an employee because of an E-Verify interim case status, including while the employee’s case is in an extended interim case status due to the federal government shutdown. USCIS says employers should consult the E-Verify User Manual for more information on interim case statuses.

Also, USCIS’s Ombudsman’s Office is closed as of October 1, 2013. Additionally, case inquiries submitted online or through emailed/faxed DHS 7001 forms will remain pending until the Ombudsman resumes operations.

Systematic Alien Verification for Eligibility (SAVE) will be operational during the shutdown.

Department of Labor: The Office of Foreign Labor Certifications, which has oversight of most immigration-related processes, is effectively closed. Consequently, the Department of Labor (DOL) will not accept or process any applications or materials relating to Labor Condition Applications (LCAs), Prevailing Wage Determinations, or Applications for Permanent Employment Certification (i.e., the PERM system).

The operational status of DOL affects the ability to file petitions with USCIS that require a certified LCA (such as requests for H-1B, H-1B1, and E-3 classification). Historically, in instances where it was not possible to obtain a certified LCA, USCIS temporarily created an exemption to the LCA requirement. To date, however, no such exemption has been announced. Similarly, the DOL’s status may affect the timing requirements of PERM applications. Future guidance on these issues is expected.

The DOL notes that “[i]n the event of a government shutdown, processing times in the foreign labor certification programs will be extended, and may cause delays in decisions in applications in those programs.” OFLC’s web site, including the iCERT Visa Portal System, is unable to process any requests or allow authorized users to access their online accounts.

Department of State: The issuance of visas, as well as related consular operations, will remain operational for the present time. However, the Department of State has indicated that if current funds are exhausted, consular services may be reduced or halted. Applicants for visas are advised to monitor the website of the consulate at which they intend to apply for the latest information.

Reports indicate that passport and visa services will continue for the present time, but there is uncertainty in the event the shutdown lasts longer. Consular operations are not currently affected but will be decided on a case-by-case basis in the event of a lapse in appropriations.

U.S. Customs and Border Protection: The Border Patrol is not shutting down. Those entering the United States with a valid visa should not encounter any issues at airports or land border crossings, and the electronic I-94 retrieval system is operational. However, individuals who seek to apply for an immigration benefit at a port-of-entry or a pre-clearance facility (such as TN and L-1 applications for Canadian nationals) are advised to confirm the operational status of the location at which they intend to apply for the latest information.

Executive Office for Immigration Review: Immigration courts nationwide are continuing to adjudicate detained cases. Court functions that support the detained caseload will continue, but other functions are suspended. For specific information about a particular court, see HERE.

The Board of Immigration Appeals (BIA) is processing emergency stay requests as well as cases where the alien is detained, including case appeals, motions, federal court remands, and bonds. The stay line is open for emergency stay calls only. All other telephone lines have been switched to closed status. The BIA Clerk’s Office staff is accepting all filings and will be open Monday through Friday, from 8:00 a.m. until 4:30 p.m.

During the government shutdown, the Office of the Chief Administrative Hearing Officer will maintain its ability to issue subpoenas and accept for filing any antidiscrimination complaints that must be filed to comply with statutory deadlines.

USCIS’s STATEMENT ABOUT THE E-VERIFY SHUTDOWN

SUMMARY OF DHS’s PLANS

DOL’s STATEMENT

DOL’s EMPLOYMENT AND TRAINING ADMINISTRATION ACTIVITIES

DEPARTMENT OF STATE’S INFORMATION ON THE SHUTDOWN

If you have any questions or concerns on how the government shutdown affects an employee’s immigration process or employment eligibility verification, please contact your Alliance of Business Immigration Lawyers attorney for further guidance.

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2. Diversity Visa Registration for 2015 Program Begins; Nigeria No Longer Eligible

Online registration for the DV-2015 (Diversity Visa) Program began on Tuesday, October 1, 2013, at 12 noon EDT (GMT-4), and will conclude on Saturday, November 2, 2013, at 12 noon EDT (GMT-4). The Department of State advises, “Do not wait until the last week of the registration period to enter, as heavy demand may result in website delays.”

Nationals of the following countries are not eligible for DV-2015: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

“Diversity immigrants” are selected by random lottery from eligible nationals of countries with historically low rates of immigration to the United States. For fiscal year 2015, 50,000 diversity visas will be available. There is no cost to register for the DV Program.

Applicants who are selected in the lottery must meet eligibility requirements to qualify. Diversity visas are distributed among six geographic regions, and no single country may receive more than seven percent of the available diversity green cards in any one year.

Entries must be submitted ONLINE only once. Incomplete or duplicate entries will be disqualified. Entrants will need to check the status of their entries online at the same website beginning in May 2014.

INSTRUCTINOS FOR THE DV-2015 PROGRAM, which includes eligibility requirements and frequently asked questions.

DV-2014 entrants may check the status of their entries through Entrant Status Check through June 30, 2014.

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3. Immigration Reform Languishes in Congress Amid Distractions

With all the kerfuffle around Syria, the efforts to kill the health care law known as “Obamacare,” the partial government shutdown, and the debate over the looming possible refusal to raise the debt ceiling and economic crisis that could produce, immigration reform legislation lags in Congress. Progress has been stymied in the House of Representatives following statements from some House members that they would prefer a piecemeal approach and others saying they want comprehensive reform. Chances for progress in the near future seem dim.

Not everyone is pessimistic. Some technology insiders are still pushing and hoping for progress on the high-skilled worker front at least. Scott Corley, Compete America’s executive director, said, “We’re not going to accept the crisis excuse. There is always a crisis. Immigration is a crisis. Being in Congress you have to walk, chew gum, juggle knives and jump through hoops on fire all at once. That’s the job.” And Mark Zuckerberg of Facebook, a self-described “optimist,” recently visited Capitol Hill to advocate in favor of legislation to increase the number of high-skilled workers, noting that “addressing the 11 million undocumented folks is a lot bigger problem than high-skilled workers.” Google and Microsoft have previously weighed in, advocating in favor of addressing high-skilled worker shortages in science, technology, engineering, and math (STEM) through legislation. Dan Turrentine, TechNet’s vice president of government relations, asserted, “We respect the process to do as [Congress sees] fit, but we absolutely think it can get done this year.”

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4. U.S. Consulate in Chennai Provides Helpful Tips to ABIL

On August 13, 2013, Alliance of Business Immigration Lawyers (ABIL) founder and past president, Angelo Paparelli, traveled to the U.S. Consulate in Chennai, India, to exchange views between the post and ABIL. He visited with Michael G. Cathey, Deputy Chief of Consular Services; Susan L. Dunathan, Vice Consul; and others. The following is a summary of the visit.

Mr. Cathey welcomed ABIL as part of extensive outreach conducted over the last two years. That outreach has included the business community, visiting attorneys, Business Executive Program (BEP) meetings, and public meetings with business groups. The purpose of the outreach is to educate stakeholders on how they can “help us to get to yes,” he said.

Mr. Cathey noted that the Chennai consulate processes 25% of the world’s H-1B visa applications and 30% of the world’s L-1 visa applications. The post consolidated adjudication of all Indian blanket L-1s in 2011. Fourteen adjudicators work there daily. They process 1,000 nonimmigrant visa (NIV) applications per day (1,300 per day in high season). Each officer conducts 120 NIV interviews per day in a four-to-five-hour time frame. Consular interviews average three to four minutes each (although Ms. Dunathan noted that easy cases from companies they know well, like Google, can be done in one to two minutes, thereby allowing some tougher cases to take up to six minutes for the interview).

Regarding L-1B specialized knowledge, Ms. Dunathan said it is far easier to say what specialized knowledge is not. She said she divides the applicant world between product makers (easier to find specialized knowledge) and service providers (much harder for specialized knowledge). Working with “proprietary tools” does not necessarily qualify for specialized knowledge, whereas developing such tools might.

Both Mr. Cathey and Ms. Dunathan said they don’t consider whether their decisions impact American job opportunities, with Mr. Cathey adding that their mission is to facilitate legitimate personal and business travel to the United States. He offered that for blanket L-1s, his officers operate under the “clearly approvable” standard, which is “way higher than the USCIS’s preponderance of the evidence” test.

Ms. Dunathan noted that “cover letters read like advertising materials” and that consular officers “don’t have time to read a sheaf of papers.” All agreed that the visa applicant’s answers to their “infinitesimally small universe of questions” is what must demonstrate visa eligibility. Mr. Cathey noted that applicants sometimes come woefully unprepared for interviews.

Mr. Cathey explained that in his view the Indian IT consulting companies land a project and then subordinates find human resources to staff it. The visa applicants often know nothing about how or why the project was procured. Mr. Cathey said that companies should focus their interview preparation on educating the applicant on the project. They should ask themselves: “Did our company get this project because we had some articulable value to contribute that was unique in the marketplace and the industry, or because we were the low bidder?” If the former, then specialized knowledge might be feasible; if the latter, then don’t use the L-1 as a substitute for a quota-depleted H-1B. Thus, he urged, a company should focus less on the number of years of the applicant’s experience, and more on why the project was procured. Ms. Dunathan observed that the quality of L-1 submissions plummets each time the H-1B annual cap is reached.

Turning briefly to L-1As, Mr. Cathey asserted that there is no minimum number of subordinates managed (such as 10) to qualify. But he maintained that the blanket L-1’s “clearly approvable” standard made it suitable only for “senior managers.”

Ms. Dunathan stated that she routinely denies L-1A for technology leads w-ho oversee three programmers. In her view, the tech lead does the same work as the subordinates but merely has a scheduling function in addition, which is not management. Mr. Paparelli noted that first-line supervisors of professionals are L-1A managers under the USCIS regulations and that the authority to “recommend personnel decisions” is an indication of manager standing. He also noted, and Mr. Cathey agreed, that the consular officer’s role is not lawmaking or policy but law implementation. Mr. Cathey said his team only follows instructions from State and guidance from USCIS, and “if those change in a way that more folks are eligible, then our visa approvals will correspondingly increase.”

In subsequent comments, Mr. Cathey noted that ” we do not adjudicate companies, we adjudicate applicants. True, some companies may have higher approval rates than others, but that means their employees correctly fit and qualify for their respective visa categories.”

With respect to the Business Express Program (BEP), Mr. Cathey said the requirement of at least 50 cases per year is stringently applied. If the overall number dips below 50, he said, the company is dropped from the BEP.

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5. ABIL Global: Canada

Significant new changes are effective for the Québec Skilled Worker Program and the Labour Market Opinion application process; other news.

New Québec Skilled Worker Program Requirements

On August 1, 2013, several important legislative changes took effect to the Québec Regular Skilled Worker Program and the Québec Experience Program for Temporary Workers. These changes will remain effective until March 31, 2014. The Québec Regular Skilled Worker Program requires applicants to attain a sufficient number of points to be issued Québec Selection Certificates enabling applications for Canadian permanent residence. The Québec Experience Program for Temporary Workers and for graduating students is an accelerated program that permits qualifying workers who hold full-time skilled jobs in Québec for at least one year, and certain graduating college and university students, to be issued Québec Selection Certificates for permanent residence.

One major change to the Québec Regular Skilled Worker Program is the elimination of the educational requirement for applicants under the List of Areas of Training of the Québec Ministry of Immigration and Cultural Communities (MICC). While applicants will continue to be attributed points if their education is on the list, it is no longer required to qualify for the Québec Regular Skilled Worker Program. A maximum number of 20,000 skilled worker applications will be accepted.

A new order of priority for application processing has been established. Applications are processed in the following priority order: (1) applications to the Québec Experience Program; (2) applications to the Québec Regular Skilled Worker Program that include a validated employment offer; (3) applications to the Québec Regular Skilled Worker Program from applicants who are attributed points for their area of education; and (4) all other applications submitted under the Québec Regular Skilled Worker Program.

The French language requirements have increased for the Québec Regular Skilled Worker Program and the Québec Experience Program. For the Québec Regular Skilled Worker Program, points are now awarded for both oral and written knowledge of French, instead of the previous requirement of exclusively oral knowledge of French. Applicants are only attributed points for their knowledge of French if they demonstrate an advanced intermediate level. For the Québec Experience Program, applicants can only qualify now if they demonstrate an advanced intermediate-level oral knowledge of French, instead of the previous requirement of an intermediate-level oral knowledge of French.

More information on these changes and answers to frequently asked questions are available at the QUÉBEC MICC WEBSITE.

New Changes to the Work Permit Labour Market Opinion Application Process

Effective July 31, 2013, Service Canada introduced a number of significant changes to the labour market opinion (LMO) in addition to the many changes introduced since April 2011. These latest amendments to the Immigration and Refugee Protection Regulations have introduced a new language assessment factor. As a result, only English and French may be identified as a job requirement in advertisements and LMO requests, unless it can be demonstrated that another language is essential for the position.

Additionally, employers now must make greater efforts to hire Canadians before they will be eligible to apply for temporary foreign workers. Employers must advertise an available position for at least four weeks before applying for an LMO, and must continue to actively seek qualified Canadians to fill the position until the LMO has been issued. Employers must also advertise on the national Service Canada Job Bank website and use at least two other recruitment methods consistent with the advertising practices for the occupation.

A new LMO application form has also been released, including additional questions intended to assist program officers in assessing the impact on the Canadian labor market and curbing the practice of using foreign workers in Canada temporarily to facilitate the outsourcing of Canadian jobs.

Another change is that an application fee of CAD $275.00 must be paid for each position requested to cover processing.

Immigrant and Non-Immigrant Applicants (and Their Lawyers) Relieved As Foreign Service Workers To Return To Full-Time Work At Canadian Visa Offices

Canada’s foreign service has reached a deal on a new contract with the Canadian federal government, ending a lengthy dispute, including strikes, that have created an extensive backlog to visa processing and other consular services abroad. The government agreed to increase base pay for senior ranks of the foreign service, bringing it more in line with what the union had argued were comparable positions elsewhere in government. The government had previously resisted salary increases by taking the position that the jobs were already well-paid.

The Federal Skilled Trades Program—Expedited Immigration Processing

The government of Canada launched the Federal Skilled Trades Program (FSTP) in January 2013 to facilitate the immigration of skilled tradespeople who meet Canada’s current and evolving trade needs. Applicants are assessed on relevant criteria such as language ability, practical training, and work experience, rather than on formal academic education.

The FSTP was also created in response to requests from Canadian employers for skilled workers to fill labor shortages, particularly in the natural resources and construction sectors. Eligible applicants include carpenters, plumbers, contractors and supervisors of electrical trades, construction trades, installers, repairers and servicers, supervisors of logging and forestry or mining and quarrying, contractors and supervisors of oil and gas drilling services, and logging machinery operators, among various other trades.

To attract and retain qualified, in-demand candidates, Citizenship and Immigration Canada’s (CIC) goal is to process applications in this category as quickly as possible. Current processing time for FSTP applications is three to four months. While this outcome is excellent for Canada’s trade industry, it is unfortunate that business owners and skilled, top-tier management employees essential to some of the largest companies in Canada continue to await receipt of permanent residence in queues of up to three years.

Parent and Grandparent Super Visas—How Super is this Visa?

Parents and grandparents of Canadian citizens and permanent residents, whether visa exempt or not, can apply for a Parent and Grandparent Super Visa to visit their children and grandchildren in Canada.

The benefit of applying for this visa is that it is valid for up to 10 years and allows an applicant to remain in Canada for up to 24 months at a time without the need to renew their status. The process for getting a Super Visa is not simple, however. Applicants must provide proof that the host child or grandchild meets a minimum income level, demonstrate that they have purchased comprehensive Canadian medical insurance (which can cost $20,000), and undergo immigration medical examinations. Moreover, extensive background, residence, travel, and security information is required.

Although the government is issuing more than 1,000 Super Visas monthly, this new application process has created an extraordinarily expensive mandatory medical insurance requirement for parents and grandparents who are not visa exempt or, if visa exempt, for parents or grandparents wishing to remain in Canada for more than six months. It has created a lucrative new insurance market for Canadian insurance companies. The new Super Visa has also resulted in high refusal levels for traditional visa applications as well as visitor record renewals.

Citizenship Law Changes

Citizenship Testing Procedures Amended

Citizenship applicants in Canada who fail their first citizenship test will now have the opportunity to rewrite the test rather than wait for an appointment with a citizenship judge. In the past, individuals who failed their knowledge test had to wait several months for an appointment with a citizenship judge, who would then make a final decision on their case. Under the new procedure, applicants will be informed of their results immediately following their test. Individuals who fail but who have met all other criteria will be provided with a date to rewrite the test a few weeks later. Those who pass their test will be scheduled for a citizenship ceremony. Additionally, individuals who are currently waiting to see a citizenship judge because they had previously failed the test will also be invited to rewrite the test.

Citizenship Applications to be Separated for Approval

All family members listed on one application no longer must be approved at the same time. Previously, there were cases where all family members who had applied together were held up in obtaining citizenship when only one family member had failed a knowledge or language test. Successful applicants will now be informed that they may have their applications processed independently of other family members. This means that fewer people will need to wait for their applications to be processed and can proceed directly to being granted citizenship.

Government Hires More Citizenship Judges

In an attempt to reduce the growing citizenship backlog, the government of Canada announced an investment of $44 million over two years toward improving citizenship processing. It is hoped that these funds will assist the government to address the growing backlog on straightforward citizenship applications that are currently in a queue of 25 months or more. The government is also increasing the number of citizenship judges in Canada so they can make more decisions on citizenship applications and hold more citizenship ceremonies.

New Citizenship Test Preparation Resource

The citizenship eligibility test study guide, Discover Canada: The Rights and Responsibilities of Citizenship, has now been made available as an integrated audio eBook download, for a more efficient way to learn about Canada’s history, values, symbols, and important institutions. The audio eBook allows people to hear the text of the guide being read aloud as they follow along on their e-readers, smart phones, or tablets. CIC was the first Canadian government department to produce an eBook. It has been downloaded almost 60,000 times in the past year and a half. Well-known Canadians have lent their voices for portions of the eBooks in English and French.

Canadian Government is Aggressively Prosecuting Residence Fraud in Citizenship Cases

Compliance enforcement on applications for Canadian citizenship has increased dramatically. Applicants who are found to have made false representations or fraudulent claims, or to have knowingly concealing material circumstances in the citizenship process—for example, pretending to be present in Canada to meet the residence requirements for obtaining citizenship—could face charges under the Immigration and Refugee Protection Act or the Criminal Code, and/or have their citizenship revoked. The government of Canada offers a tip line through the CIC Call Centre where tips on suspected citizenship fraud cases may be reported.

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6. New Publications and Items of Interest

Toolkit for reducing child and forced labor. The U.S. Department of Labor’s Bureau of International Labor Affairs (ILAB) has launched “Reducing Child Labor and Forced Labor: A Toolkit for Responsible Businesses.” ILAB recommends that employers have a comprehensive and transparent social compliance system in place. The goal of this toolkit is to assist companies that may not have such a system, as well as companies whose existing systems may need strengthening, particularly in the areas of child labor and forced labor. ILAB says there are eight steps to an effective social compliance system: engage, assess, develop, communicate and train, monitor, remediate, review, and report. Before exploring these steps, ILAB recommends that businesses familiarize themselves with the basics of a “social compliance system.” The DOL notes that the International Labor Organization (ILO) estimates that there are 215 million children in child labor worldwide, 115 million of them in hazardous forms of work. It also estimates that 21 million people are in forced labor, 6 million of them children.

BASICS OF A SOCIAL COMPLIANCE SYSTEM

ILAB’s TOOLKIT

Global business immigration survey. In its newly released 2013 Annual Business Immigration Survey, the Global Immigration Benchmarking Council (GIBC) reports that business demand for temporary visas and green cards continues to rise. Thirty-four percent of companies anticipate hiring more H-1B visa holders in the year ahead, while 25 percent of companies anticipate hiring additional H-2A or H-2B workers. Respondents state that the projected increase is due to business demand and the unavailability of U.S. workers. The survey reflects responses from the business community across a variety of industries.

SURVEY HIGHLIGHTS, including additional findings

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, released by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

 

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.’

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or [email protected].

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

Green Card Stories has won five national awards. It was named a Nautilus book award silver medal winner, and won a silver medal in the Independent Book Publishers Association’s Benjamin Franklin Award in the multicultural category. The book also won a Bronze Medal in the Independent Publisher’s “IPPY” Awards and an honorable mention for the 2012 Eric Hoffer Book Award. Ariana Lindquist, the photographer, won a first-place award in the National Press Photographers Association’s Best of Photojournalism 2012. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at [email protected]. See also the Green Card Stories website.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available on the ABIL Blog.

 

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7. Member News

Steve Clark will present on representing EB-5 immigrant investors at a Boston Bar Association CLE on October 1, 2013.

Charles Kuck has published a new blog entry. “Georgia Businesses and E-Verify—The Perfect Storm Has Arrived”

Sharon Mehlman presented an AILA webinar on “I-9 Compliance, Auditing & Settlements—Lessons from OCAHO” on September 24, 2013.

Ms. Mehlman presented an American Immigration Lawyers Association (AILA) webinar on “I-9 and E-Verify Compliance for Multi-State Employers” on September 10, 2013.

Ms. Mehlman presented an “Immigration Law Update” at the Balch & Bingham Employment Law Conference in Birmingham, Alabama, on September 13, 2013.

Cyrus Mehta spoke on “Ethics and Professional Responsibility—When You Leave Your Comfort Zone” at the Northern Border Immigration Fall Conference in Albany, New York, on September 20, 2013, sponsored by the American Immigration Lawyers Association’s Upstate New York Chapter and the Albany County Bar Association.

Angelo Paparelli has published a new blog entry. “The L-1 Intracompany Transferee Visa Facing Attack—From All Branches of the Federal Government (Part I)

Stephen Yale-Loehr was quoted in USA Today on September 27, 2013, in an article on immigration reform. “I think it’s the conventional wisdom that immigration reform is dead in the House. But I think there could still be a surprise.”

Mr. Yale-Loehr was quoted in BloombergBusinessweek, on September 24, 2013, in an article on immigration software. He noted that automated systems won’t necessarily help all applicants, because one of the things an immigration lawyer does is help clients choose from among the various avenues to a visa or green card. “A person may have more than one option to get a green card.”

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8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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