The United States has always been a land of opportunities, attracting talented individuals from around the world who seek to contribute their skills and expertise to the nation's progress. For foreign nationals with exceptional abilities or advanced degrees, the National Interest Waiver (NIW) presents a unique pathway to obtain a US Green Card. The NIW is a highly sought-after immigration option that allows qualified individuals to bypass the cumbersome labor certification process, making it an attractive choice for professionals, researchers, and entrepreneurs.

In this comprehensive article, we will delve into the various aspects of the National Interest Waiver, including its eligibility criteria, the application process, and the benefits it offers. Whether you are an accomplished researcher, a skilled professional, or an aspiring entrepreneur, understanding the NIW can be the key to realizing your American dream.

Understanding The National Interest Waiver (NIW)

The National Interest Waiver (NIW) is a provision within the Employment-Based Second Preference (EB2) category that allows qualified foreign nationals to obtain a Green Card without the need for a labor certification. Normally, the labor certification process requires employers to prove that there are no qualified US workers available for the position, which can be a time-consuming and arduous process.

However, the NIW waives this requirement by allowing individuals to self-petition for a Green Card based on their unique qualifications and the potential benefits they can bring to the United States.

Eligibility Criteria for the NIW

To qualify for the National Interest Waiver, applicants must meet specific criteria that demonstrate their exceptional abilities and the significant impact they can have on the national interest of the United States. The following elements are typically considered:

• Professional Achievements: The applicant must possess advanced degrees, exceptional skills, or a track record of significant achievements in their field.

• National Importance: The applicant's work must be of substantial intrinsic merit and directly benefit the United States, particularly in areas such as healthcare, education, research, technology, or entrepreneurship.

• Influence on the Field: The applicant's work should have the potential to significantly influence their field or industry, indicating that they are a key player in advancing their area of expertise.

Application Process for the NIW

The process of obtaining a National Interest Waiver involves several steps:

• Form I-140 Petition: The applicant must file Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS). This form serves as the official request for the NIW.

• Evidence Documentation: Along with the Form I-140, the applicant must submit comprehensive documentation that substantiates their eligibility for the National Interest Waiver. This may include academic credentials, letters of recommendation, publications, patents, or any other evidence of their professional accomplishments.

• Letter of Support: In addition to the applicant's evidence, a letter of support from an expert or organization familiar with the applicant's work is beneficial. This letter should highlight the significance of the applicant's contributions and their impact on the national interest.

Benefits Of The National Interest Waiver

Securing a National Interest Waiver comes with several significant advantages for the applicant:

• No Labor Certification Required: As mentioned earlier, the NIW eliminates the need for labor certification, streamlining the application process and reducing the time and resources required.

• Self-Petitioning: The NIW allows individuals to self-petition, meaning they do not need an employer to sponsor their Green Card application. This provides greater freedom and flexibility for professionals and entrepreneurs.

• Priority Date: Upon approval of the I-140 petition, the applicant receives a priority date, establishing their place in the queue for Green Card processing. This is crucial as the wait time for visa numbers can vary based on the applicant's country of origin and the demand for visas in their category.

• Work Authorization: While waiting for the Green Card to be processed, applicants under certain visa categories may be eligible for Employment Authorization Documents (EAD), allowing them to work legally in the US.

NIW For Entrepreneurs And Startups

The National Interest Waiver is especially attractive for entrepreneurs and startup founders who wish to establish and grow their ventures in the United States. Entrepreneurs can demonstrate their eligibility for the NIW by showcasing their innovative business plans, potential job creation, and the overall benefit their startup brings to the national interest.

Receiving A Request For Evidence (RFE)

In some cases, the USCIS may issue a Request for Evidence (RFE) in response to an NIW petition. An RFE is a formal request for additional information or clarifications regarding the applicant's eligibility. It is essential to respond to an RFE promptly and with strong supporting evidence to increase the chances of a successful outcome.

The National Interest Waiver offers a valuable opportunity for talented individuals, researchers, professionals, and entrepreneurs alike, to contribute their expertise to the progress and development of the United States. By understanding the eligibility criteria, application process, and benefits of the NIW, aspiring immigrants can navigate the path to obtaining a Green Card through this esteemed immigration option. The NIW is a testament to the US's commitment to attracting exceptional individuals who can shape the nation's future and foster innovation and growth in a wide range of fields.

The process of adjusting your immigration status in the United States can be both exciting and complex. Once you have submitted your Form I-485, Application to Register Permanent Residence or Adjust Status, you might wonder what your immigration status is during the waiting period. Understanding your immigration status while I-485 is pending is crucial, as it affects various aspects of your stay in the US, including work authorization and travel.

In this article, we will explore the implications of pending I-485 applications on your immigration status, the benefits you may be eligible for during this time, and the actions you can take to ensure a smooth adjustment process. Whether you are a family-based applicant, employment-based applicant, or diversity visa lottery winner, knowing your options while I-485 is pending can help you navigate the immigration journey with confidence.

Understanding The I-485 Adjustment Of Status Process

The Form I-485 is the application to adjust your immigration status to that of a Lawful Permanent Resident (Green Card holder) if you are already physically present in the United States. It is typically filed concurrently with an underlying immigrant petition, such as Form I-130 (for family-based applicants) or Form I-140 (for employment-based applicants). Once the I-485 is filed, USCIS will review your application, conduct background checks, and schedule an interview, if required.

Implications Of Pending I-485 On Your Status

While your I-485 application is pending, your status in the United States depends on the type of visa you held prior to filing the application:

• Nonimmigrant Visa Holders: If you were in the US on a valid nonimmigrant visa (e.g., H-1B, L-1, F-1) when you filed your I-485, you are generally allowed to remain in the US and maintain your nonimmigrant status while the application is pending. However, there are exceptions, and you should consult an immigration attorney to determine if any restrictions apply to your specific visa category.

• Visa Waiver Program (VWP) Entrants: If you entered the US under the Visa Waiver Program (VWP) and filed an I-485, you are generally not permitted to extend your stay or change your status while the application is pending. You must await the USCIS decision on your adjustment of status.

• Expired Nonimmigrant Visa Holders: If your nonimmigrant visa has expired, you are considered to be in a period of authorized stay while your I-485 is pending. This means you can legally remain in the US, but you cannot travel outside the country without obtaining an advance parole document.

• If you have overstayed your authorized period of stay, you generally accrue unlawful presence after your I-94 expires. However, filing the I-485 application may protect you from accruing unlawful presence while the application is pending.

Employment Authorization Document (EAD) And Advance Parole

While your I-485 is pending, you may be eligible for an Employment Authorization Document (EAD) and Advance Parole. These documents are commonly referred to as combo cards and serve the following purposes:

• Employment Authorization Document (EAD): If you have an approved Form I-765 (Application for Employment Authorization) based on your pending I-485 application, you can legally work in the United States with the EAD. This is especially beneficial for employment-based applicants who want to continue working while their Green Card application is being processed.

• Advance Parole: If you have an approved Form I-131 (Application for Travel Document) based on your pending I-485 application, you can travel outside the United States and return without abandoning your Green Card application. Advance parole is essential for beneficiaries of pending I-485 applications as leaving the US without it could lead to the application being considered abandoned.

Maintaining Legal Status And Compliance

While your I-485 is pending, it is crucial to maintain your legal status and comply with all US immigration laws. Any violations, such as unauthorized employment, unlawful presence, or criminal activities, can have severe consequences and may jeopardize your pending I-485 application.

Impact on Dependents

If you have filed I-485 applications for your dependents (spouse and children), they may also be eligible for EADs and Advance Parole based on your pending I-485 application. This allows them to work and travel in the US while waiting for their Green Card application to be processed.

Traveling Abroad While I-485 Is Pending

As mentioned earlier, traveling outside the US while your I-485 is pending requires obtaining an Advance Parole document to avoid abandonment of your application. Departing the US without an approved Advance Parole may result in the denial of your I-485, and you may be unable to re-enter the US using your previous visa status.

Response To Request For Evidence (RFE) Or Interview Notice

During the I-485 adjudication process, USCIS may issue a Request for Evidence (RFE) if additional documentation or information is needed to support your application. It is essential to respond to the RFE within the specified timeframe with the requested evidence. Additionally, if you are scheduled for an interview, you must attend the interview as scheduled and provide accurate and truthful answers to the USCIS officer's questions.

I-485 Approval and Green Card Issuance

Once your I-485 application is approved, USCIS will issue your Green Card, confirming your Lawful Permanent Resident status. Depending on the USCIS workload and the service center processing times, the I-485 adjudication period can vary.

While your I-485 application is pending, it is vital to understand your immigration status and the options available to you. Obtaining an Employment Authorization Document (EAD) and Advance Parole can provide you with valuable benefits, such as legal work authorization and travel flexibility. However, it is essential to maintain compliance with US immigration laws and promptly respond to any USCIS requests or interview notices. By staying informed and following the correct procedures, you can navigate the I-485 adjustment of status process with confidence, knowing that your actions align with the requirements of your pending Green Card application.

The immigrant visa process is a significant step for individuals seeking to make the United States their permanent home. Whether you are reuniting with family members, pursuing employment opportunities, or seeking refuge, understanding the step-by-step process is crucial for a successful immigration journey. The immigrant visa process involves various stages, each with its own requirements and documentation. In this article, we will provide a comprehensive guide to the immigrant visa process, covering everything from filing the immigrant petition to obtaining the immigrant visa and achieving lawful permanent resident status (Green Card holder) in the United States.

Initial Petition

The immigrant visa process begins with an initial petition filed on behalf of the intending immigrant. Depending on the category under which the individual qualifies, the petition may be filed by a US citizen or lawful permanent resident family member, a prospective employer, or a refugee resettlement agency. The primary forms used for these petitions are:

• Form I-130 (Family-Based): This form is used by US citizens or lawful permanent residents to petition certain family members to immigrate to the US.

• Form I-140 (Employment-Based): This form is used by employers to petition for immigrant workers based on specific employment categories.

• Form I-730 (Refugee/Asylee Relative): This form is used to petition certain family members of refugees or asylees to join them in the US.

Priority Date

Once the initial petition is approved, the intending immigrant receives a priority date. The priority date is crucial, as it establishes the individual's place in the queue for visa processing. The waiting time for visa availability can vary depending on the visa category and the country of origin.

Visa Bulletin

The Visa Bulletin, published monthly by the US Department of State, indicates the availability of immigrant visas for each category and country of chargeability. It provides the priority dates that are currently eligible for visa processing. Applicants must monitor the Visa Bulletin to know when their priority date becomes current and they can proceed with the next steps.

National Visa Center (NVC) Processing

Once the priority date becomes current, the case is transferred to the National Visa Center (NVC). The NVC is responsible for collecting and processing the required documents, fees, and forms from the intending immigrant.

Affidavit of Support

In family-based immigrant visa cases, the US sponsor must submit an Affidavit of Support (Form I-864) to demonstrate that they have the financial means to support the intending immigrant. This form serves as a contract between the sponsor and the US government, ensuring that the intending immigrant will not become a public charge.

Supporting Documents

The NVC will request various supporting documents from the intending immigrant, such as birth certificates, marriage certificates, police certificates, and other required documents. These documents are essential for establishing eligibility for the immigrant visa.

Consular Processing

After the NVC completes the processing of the case, it is forwarded to the US embassy or consulate in the country where the intending immigrant resides. This stage is known as consular processing. The US embassy or consulate will schedule an interview with the intending immigrant to determine their eligibility for the immigrant visa.

Visa Interview

The visa interview is a crucial step in the immigrant visa process. During the interview, the consular officer will review the applicant's documents and ask questions to assess their eligibility for the visa. The officer will determine if the individual meets the requirements for the visa category and whether they are admissible to the US.

Medical Examination

As part of the visa application process, the intending immigrant must undergo a medical examination by an authorized physician. The results of the medical examination are submitted to the embassy or consulate and are reviewed during the visa interview.

Visa Approval And Issuance

If the consular officer approves the visa application, the intending immigrant will receive their immigrant visa. This visa allows them to travel to the United States and seek admission as a lawful permanent resident.

Travel And Admission To The United States

Once the immigrant visa is issued, the intending immigrant can travel to the United States and present themselves at a US port of entry. The US Customs and Border Protection (CBP) officer at the port of entry will review the visa and other documents and determine the individual's admissibility to the US.

Obtaining the Green Card

After admission to the US, the immigrant will receive their Green Card (Form I-551) by mail. The Green Card indicates their lawful permanent resident status, granting them the right to live and work in the United States permanently.

The immigrant visa process is a multi-step journey that requires careful attention to detail and adherence to the specific requirements of each visa category. By understanding the steps involved, from the initial petition to obtaining the Green Card, aspiring immigrants can navigate the process with confidence and ensure a smooth transition to becoming lawful permanent residents in the United States. Seeking guidance from experienced immigration professionals can also be beneficial in navigating the complexities of the immigrant visa process and achieving a successful outcome.

New USCIS Updates for STEM students in O-1 & EB-2 NIW categories

The U.S. Citizenship & Immigration Service (USCIS) recently amended its Policy Manual to provide expanded evidentiary guidelines for F-1 STEM applicants seeking O-1A extraordinary ability classification. This update marks the second time this year that USCIS has modified preexisting guidance to cater specifically to F-1 students in the science, technology, engineering, and mathematics (STEM) fields. The EB-2 National Interest Waiver (NIW) documentary requirements were revised by USCIS in January 2022.

Such modifications to the O-1 and EB-2 NIW sub-regulatory framework reflect an emphasis by the Biden Administration on retaining the best and brightest STEM graduates beyond solely the H-1B category. This Fiscal Year (FY 2023), USCIS received more than 480,000 H-1B registrations of which only 127,600 registrations were initially selected.

The new expanded O-1 guidance includes consideration of grants or stipends for STEM-related research activities as among the non-exhaustive list of evidentiary support for demonstration of rank among the small percentage at the top of the respective field — the legal standard for O-1 eligibility. This initiative by USCIS mirrors that recently promulgated for NIW petitions, and serves to make both categories more widely available to foreign nationals with STEM backgrounds working in furtherance of an area of U.S. national interest or pursuing entrepreneurial endeavors of U.S. prospective benefit.

April 23, 2020

The COVID-19 pandemic has initiated a cascade of events that has restricted entry into the United States and otherwise impeded or delayed the issuance of immigration benefits. This unprecedented global crisis has drawn attention to the intersection of U.S. immigration law and public health policy, while also underscoring the significant hurdles that foreign nationals encounter when visiting, working, or seeking permanent residence in the United States today.

Executive Order Suspending U.S. Entry of Green Card Seekers

On April 22, 2020, President Trump signed the executive order, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”, temporarily suspending the entry of immigrant-visa applicants to the United States for an initial period of sixty (60) days. The order takes aim at several programs that have been on the President’s immigration agenda, including chain migration and the diversity visa program.

The proclamation concerns the “entry” of immigrant-visa applicants outside of the U.S., specifically those without a valid immigrant-visa as of the effective date. Adult children and parents of American citizens seeking green cards, as well as relatives of U.S. permanent residents, all fall within the scope of the order. However, since U.S. consulates/embassies have already suspended routine visa operations abroad due to COVID-19, it is expected to have minimal immediate impact.

Notably, temporary, nonimmigrant visa holders (i.e. F-1, O-1, H-1B, TN, L-1, E-2) are excluded and can still seek a change of status or an extension of previously approved status with USCIS. Furthermore, EB-5 foreign investors, spouses and minor children of U.S. citizens, healthcare workers, and those with already-approved green cards are also exempt. Though, the proclamation directs federal agencies to review and recommend additional measures within 30 days. 

The Legal Basis

These sweeping, exclusionary powers are enumerated in the Immigration and Nationality Act (INA), specifically INA Section 212(f). This provision vests in the President the decisions whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions. The determination concentrated on whether the continued entry of foreign nationals would be “detrimental” to U.S. interests. In recent years, the Trump administration has exercised such authority to enforce numerous travel bans related to national security, including the controversial “Muslim ban” that was upheld in the landmark 2018 U.S. Supreme Court decision, Trump v. Hawaii.  To this end, the Proclamation aims to protect and prioritize U.S. citizens for employment opportunities due to historic unemployment levels, while also seeking to avert further strain on the U.S. health care system.

Developments with USCIS Adjudication

Beyond the immediate effects of the Proclamation, in recent weeks, USCIS has adopted a number of measures as a result of COVID-19 that have affected case processing, in-person appointments, benefit forms, and response deadlines. A few of which are outlined below:

·       As of March 20, 2020, USCIS will not accept any new requests for premium processing for all Form I-129 nonimmigrant worker and Form I-140 immigrant worker petitions. USCIS will still process any petition previously accepted under this expedited, 15-day processing program in accordance with the criteria.

·       USCIS is providing greater flexibility in responding to deadlines for requests for evidence (RFEs) and notices of intent to deny (NOIDs), allowing for 60 additional days beyond the response due date set forth in the request or notice.

·       On a case-by-case basis, USCIS can exercise its discretionary authority to accept untimely filings or excuse delays caused by the COVID-19 pandemic based on extraordinary circumstances.

·       Due to the COVID-19 emergency, USCIS in its discretion is accepting initial and additional requests for satisfactory departure for up to 30 days from travelers unable to make a timely departure who entered through the Visa Wavier Program (VWP) under the Electronic System for Travel Authorization (ESTA). 

·       As of March 21, 2020, USCIS has been accepting petition forms and documents with electronically reproduced original signatures (scanned, faxed, or photocopied documents) in lieu of wet signatures. Originals with wet-ink signatures should be retained on file in the event that such documents are requested at a later date.   

·       In-person services (i.e. interviews, oath ceremonies, biometrics) at USCIS field offices and application support centers (ASCs) remain suspended until at least May 3, 2020. However, as reported by the American Immigration Lawyers Association (AILA), USCIS has periodically waived the in-person interview requirement for family and employment-based adjustment-of-status (Form I-485) cases in recent weeks. 

How Can We Help? 

During the COVID-19 pandemic, our office continues business as usual under the current circumstances. The pandemic generally does not affect our capacity to handle your case. Our cases continue to be prepared efficiently and effectively as set forth in our engagement letters.

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For more information, please contact me at shaune@fraserpllc.com.

The information provided herein is for information purposes only. It is not intended as legal advice for any particular situation nor presumed as indefinitely up to date.

Shaune D. Fraser, Esq.

Email: shaune@fraserplllc.com

Phone: +1 (305) 915-8167

­­­Copyright © 2020, FRASER IMMIGRATION LAW, PLLC. All Rights Reserved. 

Florida Gator Swimmer Shaune Fraser among seven inductees as one of the most celebrated athletes in University of Florida (UF) history

Miami, FL (April 2020) – Florida Gator Shaune Fraser will be inducted into the University of Florida (UF) Athletic Hall of Fame for his incredible swimming career in the NCAA Division I and Southeastern Conference (SEC). He is among seven Florida Gators being honored in the 2020 UF Hall of Fame, which includes NFL star Tim Tebow, one of the greatest quarterbacks in Florida Gators history.  The school makes athletes wait 10 years since last playing for the Gators before becoming eligible for the prestigious honor.

Fraser, who has an impressive athletic career that included three Olympic appearances, three NCAA Division I National Championships, and twenty-seven All-American accolades, one fewer than the maximum number possible, and than most of any male swimmer in Gators history. He has since shifted his career and is now an Attorney-at-aw and the Founder of Fraser Immigration Law, PLLC, a law firm based in Miami, FL concentrating on U.S. Immigration and Nationality law. He specializes in the representation of extraordinary ability individuals and has successfully advised a number of swimmers and athletes from around the world.

In the NCAA Division I, UF Athletics boasts one of the best athletic programs in the nation. Ranked in the Top 10 for number of Academic All-Americans, Gator student-athletes are leaders both on and off the field. The University of Florida Athletic Association is dedicated to providing a championship experience to The Gator Nation and supporting student-athletes to excel through world-class education, leadership opportunities and professional development in state-of-the-art facilities. 

For more information visit www.fraserpllc.com or email info@fraserpllc.com and follow @fraserpllc on Facebook and Instagram.

Shaune D. Fraser, Esq. is a licensed Attorney in the State of Florida where he also received his J.D. from the University of Florida Levin College of Law. He has successfully provided strategic immigration representation to a range of clients that includes government institutions, Olympic and World Championship medalists, high net worth individuals and entrepreneurs, and a wide variety of individuals and corporations encountering complex immigration issues. He specializes in the representation of extraordinary ability individuals and has successfully advised a diverse client base through complex immigration challenges with agencies and consulates across the world.

CONTACT:

Shaune D. Fraser, Esq.

(305) 915-8167

shaune@fraserpllc.com

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By: Shaune D. Fraser, Esq.

For tech, business, and creatives professionals, entrepreneurs, athletes & coaches, and qualifying F-1 students and J-1 exchange visitors, the O-1A work/employment visa remains one of the best U.S. immigration options despite significant increases in visa backlogs, denials of routine visa extensions, and retrogression amongst employment based (EB) green card categories.

The O-1A visa has no annual numeral limitation/cap and no visa lottery. This 3-year work/employment visa is reserved for individuals who possess extraordinary ability in the sciences, education, business, motion picture, arts or athletics. Per the regulations, “extraordinary ability” is exhibited through a showing of sustained national or international acclaim and a demonstrated record of achievement, and the O-1 classification has been interpreted to apply to “any field of endeavor”.

Contrary to popular belief, the O-1A visa is available to individuals who possess special skills in their area of expertise (not just Nobel Prize laureates or Oscar winners, et. al.). Talented individuals in these fields can establish eligibility through the submission of documentation that fulfills three (3) of the below-listed O-1A criterion:

·       Employment in a critical or essential capacity;

·       Original scientific, scholarly, or business-related contributions;

·       Published material about you in professional or major trade publications, or other major media;

·       Membership in associations;

·       Authorship of scholarly articles in the field, in professional journals, or other major media;

·       High salary or other remuneration;

·       Participation as an official judge/reviewer of the work of others; and

·       Receipt of a national or international award.

Most importantly, the USCIS premium processing program remains available to O-1A applicants, allowing for approvals to be secured very quickly (within 15 days) once the requisite documentation is obtained.   

Despite the restrictive effects of the Buy American and Hire American (BAHA) Executive Order and associated policies on immigration categories such as the H-1B, the O-1A visa remains underutilized and is among the best visa categories for talented foreign nationals.

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For more information on the O-1A visa or any other U.S. immigration options, please contact me at shaune@fraserpllc.com.

The information provided herein is for information purposes only. It is not intended as legal advice for any particular situation nor presumed as indefinitely up to date.

 ­­­Copyright © 2019, FRASER IMMIGRATION LAW, PLLC. All Rights Reserved.  

By: Shaune D. Fraser, Esq.

According to the August 2019 Visa Bulletin, several employment-based (EB) categories will retrogress in the coming month. Retrogression occurs when the demand for EB, immigrant visas (green cards) exceeds the allotment supply managed by the U.S. Department of State (DOS).

Temporary retrogression will affect the EB1, EB2, and EB3 Worldwide categories (listed in each visa bulletin as “All Chargeability Areas Except Those Listed”) through the end of the 2019 fiscal year, ending September 30, 2019. These categories are now considered to be ‘oversubscribed’ and a visa availability, priority cut-off date has been established for the month of August.

The priority cut-off date is the date of the first documentarily qualified applicant who could not be accommodated for a visa number. Only those foreign nationals with a priority date earlier than the listed cut-off/final action date are entitled to allotment of a visa number.

August 2019 Visa Bulletin Summary | Final Action Date & Retrogression Analysis

Employment-Based, First Preference (EB1) Category

• EB-1 Worldwide will retrogress by almost 2 years to July 1, 2016.

• EB-1 India remains oversubscribed and will stay at January 1, 2015, after retrogressing by more than two years in recent months.

• EB-1 China will retrogress by more than 10 months to July 1, 2016.   

Employment-Based, Second Preference (EB2) Category

• EB-2 Worldwide will retrogress and have a priority cutoff date of Jan. 1, 2017. This category was previously current.   

• EB-2 India will advance a few days to May 2, 2009.

• EB-2 China moves forward two months to January 1, 2017.

Employment-Based, Third Preference (EB3) Category

• EB-3 Worldwide will retrogress and have a priority cut-off date of July 1, 2016. This category was previously current.  

• EB-3 India retrogresses to January 1, 2006

• EB-3 China will advance to July 1, 2016.

Section D of the August 2019 Visa Bulletin provides the following on the Establishment and Retrogression of August Employment-Based Final Action Dates:

“There has been a steadily increasing level of Employment applicant demand since late May for adjustment of status cases filed with U.S. Citizenship and Immigration Services, and there is no indication that this increase will end.  Therefore, it has been necessary to establish or retrogress many of the August Final Action Dates in an effort to hold worldwide number use within the maximum allowed under the respective FY-2019 annual limits.

The implementation of the above-mentioned dates is expected to be only a temporary issue.  For October, the first month of fiscal year 2020, every effort will be made to return these final action dates to those which applied for July.”

Family-Based (F2A), Final Action Date Current

The F2A category, reserved for Spouses and Unmarried Children (under 21) of Permanent Residents, remains current for foreign nationals in the Worldwide category. 

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For more information, please contact shaune@fraserpllc.com

 The information provided herein is for information purposes only. It is not intended as legal advice for any particular situation nor presumed as indefinitely up to date.

Copyright © 2019, FRASER IMMIGRATION LAW, PLLC. All Rights Reserved.