DOS announced it is using a tiered approach to triage immigrant visa applications. DOS identified four priority tiers listing the main categories of immigrant visas in each. Tier one categories include immediate relative intercountry adoptions, age-out cases, and certain Special Immigrant visas.
DOS published a final rule amending the regulations to reflect that the Accreditation Council for Graduate Medical Education (ACGME) “has responsibility to accredit and recognize institutions offering programs of graduate medical education” for doctors in the J-1 “alien physician” program.
that it has updated its guidance to consular officers on how to proceed while DOS’s October 2019 interim final rule and January 2018 FAM guidance are enjoined. Under this guidance, consular officials will apply the public charge standard that had been in effect prior to these changes when adjudicating applications.
DOS announced that it has extended its policy to expand interview waiver eligibility for individuals applying for a nonimmigrant visa in the same classification until March 31, 2021.
Posted on December 23, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS announced that immigrant visa applicants who are named plaintiffs in Young v. Trump should contact the National Visa Center for guidance on scheduling a visa interview or, if their case had previously been scheduled, their nearest embassy or consulate.
Posted on October 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS announced that, due to the injunction in National Association of Manufacturers v. DHS, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of one of the plaintiffs in the suit is no longer subject to Presidential Proclamation 10052’s entry restrictions. Members are reminded that, while individuals may no longer be subject to the proclamation, they may still face difficulty in obtaining a visa appointment because many embassies and consular posts are not currently operating at full capacity.
Posted on September 16, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS announced that, following the district court ruling in Gomez, et al. v. Trump, et al., DV-2020 applicants may be processed in embassies and consulates where local health conditions and post resources allow. If a post is unable to process cases due to local conditions and resource constraints, an applicant may request a transfer to another post. The announcement includes a prioritization plan for DV-2020 applicants.
Posted on July 27, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Proclamations 10014 and 10052, which suspend the entry of certain immigrants and nonimmigrants, may be available for H-1Bs; H-2Bs; J-1s; L-1s; H-4s, L-2s, and J-2s; and applicants who may age out. DOS also announced that certain business travelers, investors, treaty traders, academics, and students from the Schengen Area, the United Kingdom, and Ireland may qualify for national interest exceptions under Presidential Proclamations 9993 (Schengen Area) and 9996 (United Kingdom and Ireland).
Posted on May 21, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS posted the June 2020 Visa Bulletin. In addition to final action dates and dates for filing for family– and employment-based petitions, the bulletin includes notes on the DV category for the month of June and the DV category rank cut-offs which will apply in July.
Posted on January 28, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS published a final rule in the Federal Register amending the B visa regulations to establish that travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States is an impermissible basis for the issuance of a B nonimmigrant visa. The rule is effective today, January 24, 2020.
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