How to work in the United States?

Well, if you want to work here, you need to know about these two visas: the H2B and the EB3.  Both can allow you to work in the United States even if you don’t have a college degree.  So, which one is best for you?

The answer: it depends on the type of job you are coming to the United States to do.  We understand that “it depends” is not a helpful answer.  So, to make it clearer, we put together a simple H2B vs EB3 chart.  You can use this chart compare the H2B visa with the EB3 green card.

What is the difference between H2B and EB3?

The key take-away: The H2B is NOT an option unless the US employer can prove that the position in the US is temporary.  So, if you want to remain permanently in the United States the H2B is likely not the right option for you.

If you are a US employer and you need to fill a permanent position, you cannot use the H2B for the job.  The H2B is only for employers who can demonstrate that the position is:

• Seasonal or because of a spike in business during a particular time of year
• Based on a one-time need/project, or
• Sporadic or unpredictable

  • Attorney tip: this category is the hardest one to meet. The US employer must show that no US workers have ever filled the position before.

If the job does not fit into one of these temporary categories, then the EB3 green card is likely the best option.

If you are interested in learning about how our team can help you with your employment-based green card or H2B, or you would like discuss another immigration issue with our team, you can schedule a strategy session with one of our attorneys here. You can also learn more about our immigration services here.

The post H2B vs EB3 appeared first on DGO Legal.

You are wondering: What is an ASC Appointment Notice? And how does it impact my immigration case?

If you have these questions, you aren’t alone. Although an “ASC Appointment” is actually simple, the notice itself is confusing.

Instead of reading this notice over and over again, stressing about what to expect at the appointment, you can follow this quick guide on what to expect and how to prepare.

What is an ASC Appointment Notice?

An ASC Appointment Notice is a document asking you to go to your local USCIS office.  At the appointment, USCIS will take your fingerprints, your photo, and your signature.

An ASC Appointment is the same thing as a “biometrics” or “fingerprinting” appointment.  You may have heard your attorney or someone else call it a “Biometrics Appointment.”

Why did I get an ASC Appointment Notice?

You received this notice because you have a pending U.S. immigration case.  The U.S. government wants to take your fingerprints to run a background check on you as a part of the application process.

What do I bring to my ASC Appointment?

• Your appointment notice
• An ID
  • Must be issued by a government (can be the U.S. or another country’s government)
    • For kids, USCIS will accept a school ID
  • Must have your photo on it
  • Examples (you only need to bring one of the following):
    • Passport
    • Permanent resident card
    • U.S. driver’s license
    • U.S. state identification card
  • Best if unexpired, but USCIS may accept an expired ID

What will happen at my ASC Appointment?

USCIS will take:

• Your fingerprints
• Your photo
• Your signature

What will NOT happen at the appointment?

• Interview questions about your case

Tips for your ASC appointment

• Arrive about 15-30min early (but note that USCIS might not let you into the building until your appointment time)
• Bring money for parking (if you are driving)
• Leave food and drinks at home

Make sure you do this one thing at your ASC Appointment!

What happens after my ASC Appointment? Does this mean my immigration case will be approved soon?

• After you attend your ASC appointment, your case will remain pending.
• Unfortunately, when you get an ASC appointment notice this doesn’t mean that your case will be decided soon. An ASC appointment does not help predict what will happen with your case, it just means that USCIS is gathering the required information for your case. We’ve had clients who have biometrics and then over a year later their case is scheduled for an interview, and others who attend biometrics and have their case decided a month later.

If you have questions about your pending immigration case, or you would like discuss another immigration issue with our team, you can schedule a strategy session with one of our attorneys here. You can also learn more about our immigration services here.

***

This website and blog constitute attorney advertising. Do not consider anything on this website or blog as legal advice and nothing on this website constitutes the formation of an attorney-client relationship. Book a consultation with us before you act using any information you read here. Past results are not a guarantee of future results and past results do not imply or predict future results. Each case is different and must be judged on its own merits.

The post ASC Appointment Notice appeared first on DGO Legal.

Should I get a K1 or a marriage visa?

The answer: it depends on what’s most important to you (do you care more about being together with your fiancé as soon as possible, or do you care about saving money?).

We understand that “it depends” is not a helpful answer.  So, to make it clearer, we put together a simple chart.  You can use this chart compare the K-1 fiancé visa with the marriage-based green card.

*This chart applies to couples where one person is a U.S. citizen and the other person is not.  The non-U.S. citizen is typically outside of the United States and the couple is trying to figure out the best way to bring that person to the United States.

The key take-away: if you want to be together in the United States as soon as possible, the K-1 is likely the best option.  However, just because the K-1 is “faster” does NOT mean it is fast.  You still might have to wait 8 months to 2 years!

If saving money is more important, then you will want to go with the marriage-based green card (marriage visa).  The marriage-based green card has less steps, less paperwork, and less fees.

If you go straight to the marriage-based green card, then you don’t have to do the K-1 application.  If you do the K-1 visa, then you have to go through the entire marriage-based green card application process AFTER you get the K-1 visa—but at least you can be in the United States during that time.

If you are interested in learning about how our team can help you with your K-1 or marriage-based green card, or you would like discuss another immigration issue with our team, you can schedule a strategy session with one of our attorneys here. You can also learn more about our immigration services here.

***

This website and blog constitute attorney advertising. Do not consider anything on this website or blog as legal advice and nothing on this website constitutes the formation of an attorney-client relationship. Book a consultation with us before you act using any information you read here. Past results are not a guarantee of future results and past results do not imply or predict future results. Each case is different and must be judged on its own merits.

The post K1 Visa vs Marriage Visa appeared first on DGO Legal.

If you are waiting for your work permit to be approved you might be wondering, what is taking so long?  The processing times for USCIS to approve work authorization are sometimes extremely long, forcing people to wait months and sometimes even years for a work permit.

So, can you expedite your work permit?

Yes, it is possible.  You may be eligible to sue the U.S. government to force USCIS to take action on your work permit case.

This process is called a “writ of mandamus” which is just a fancy phrase for asking a court to order the U.S. government to take action on a case—you don’t need to know what it is called to use it.

We used this process for our clients recently, and guess what?

Our clients’ delayed work permits were approved within 24 hours

Our clients were waiting for their asylum employment authorization documents (EADs) to be approved for over 90 days, even though the law requires USCIS to come to a decision on these cases within 30 days. Our clients tried to contact USCIS through all the normal routes to try to get a resolution, but nothing worked.

So, we prepared our filing (called a “complaint”) to sue the U.S. government and provided it to the U.S. attorney, giving the government a heads up that we intended to sue USCIS.

The U.S. attorney quickly responded that the office would contact USCIS to see if the case could be resolved.

Less than 24 hours later our clients’ EADs were approved!

If you are interested in learning about how our team can help you expedite your delayed work permit, or you would like to discuss another immigration issue, you can schedule a strategy session with one of our attorneys here.  You can also learn more about our immigration services here.

***

This website and blog constitute attorney advertising. Do not consider anything on this website or blog as legal advice and nothing on this website constitutes the formation of an attorney-client relationship. Book a consultation with us before you act using any information you read here. Past results are not a guarantee of future results and past results do not imply or predict future results. Each case is different and must be judged on its own merits.

The post Expedited Work Permit appeared first on DGO Legal.

Whether you are outside the U.S. or already here, you may be wondering, is it possible to get a green card? Do I need a family member or an employer to sponsor me? Or, can I sponsor myself?

If you don’t have a family member or an employer who plans to sponsor you, the good news is that it is possible to sponsor yourself.

There are four ways to sponsor yourself for a green card, you may have already heard of them:

1. 1. 1. The diversity lottery
      2. As an individual of “extraordinary ability”
      3. As someone coming to the United States to advance a field in the national interest (“national interest waiver”)
      4. As an investor in a U.S.

What do these three self-sponsorship categories really mean, how do you determine if you are eligible, and what is the process for securing a green card through one of these three ways?

This guide offers an overview of the categories for sponsoring yourself for a green card, and the steps you can take to determine if you are eligible.

1. The Diversity Lottery

What is it?

The United States gives out green cards to individuals from certain countries each year.  The requirements are relatively simple and many people are eligible.  The hardest part is out of your control: being selected randomly out of all the applicants.

The goal of the diversity lottery program is to increase immigration to the United States from countries that do not typically have a large number of immigrations in the United States.  So, only people from certain countries are eligible.

Are you eligible?

1. You were born in one of the countries identified by the diversity lottery program

Every year the United States identifies the countries for the diversity lottery.  The countries can change each year. You can find the list of countries in the “Program Instructions” document here.

2. You hold a high school degree or equivalent work experience

The diversity lottery requires that recipients have at least a high school degree.  There is an exception to this high school degree requirement for some people who have at least two years of work experience within the past five years.  Not everyone who has two years of work experience qualifies, so it’s usually a good idea to touch base with a lawyer to determine whether this exception would apply to you.

3. You register for the lottery

To be considered for the lottery, you will need to fill out a form on the U.S. Department of State website.  This form is typically only available to complete between October and November of each year. If you want to be considered for the lottery for the upcoming year, you must register during this time.  If you miss this time to register, you will have to wait until the next year.

Once you complete the form you will receive a confirmation number, which you will need to know to determine whether you were selected for the lottery.

4. You are selected for the lottery

The winners of the randomized lottery are typically selected at the beginning of May.  You will not be notified that you won the diversity visa lottery, instead you must go to the Department of State website to check if your lottery number was selected. You will use your confirmation number that you received from the lottery registration to check if you won.

Let’s say you check and you find out you were selected for the lottery, time to celebrate!  Now you have a green card in hand, right? Wrong.  Just because you are selected does not mean you automatically get a green card, you then have to apply for your green card and be eligible to be admitted to the United States.

5. You are eligible to be admitted to the United States

Even though this step is at the end of the road, it is often the longest and most challenging.  The diversity lottery selection just gives you the opportunity to apply for a green card—it is not an automatic green card.

Once you are selected, you will receive a number ranking that will tell you when you can apply for your green card.  You must use this number to check the Department of State’s visa bulletin to determine when you can apply.  If you are outside the United States you will apply through the U.S. consulate in your country.  If you are in the United States, in some circumstances you may be able to remain in the country and apply through a process called adjustment of status.  Either way, you will be asked detailed questions about yourself so that the U.S. government can determine whether you may be admitted to the United States.  If you have any criminal history or previous immigration issues, it is often useful to have an attorney review those issues with you before you submit your application to make sure they will not bar you from getting your green card.

Once you apply for your green card, then it must be approved by the end of September of your diversity lottery year, otherwise you lose your ability to use your diversity visa lottery selection.  The timeline can be a bit confusing, so to clarify, let’s take an example.  You register for the diversity visa lottery in October 2021, you are informed that you are selected in May 2022, the visa bulletin permits you to apply for your visa starting in August 2022, then you have until September 2023 to receive your green card.  Your green card must be approved by September 2023, otherwise you lose your diversity visa lottery selection.

If you follow this timeline and meet these requirements then lucky you—you can successfully sponsor yourself for a green card through the diversity lottery.

2. Extraordinary Ability

What is it?

If you are an expert in your field of work and you have received international recognition in the field, then you may be eligible for an extraordinary ability green card.  This category is often used by top academics, athletes, and actors—it is sometimes referred to as the Einstein or the genius visa.  Although it is difficult to get this kind of green card, you don’t have to be Einstein to do it.

Are you eligible?

1. You work in the sciences, arts, education, business, or athletics

This category is limited to people who work in specific fields, but the fields can encompass a broad range of work.  For example, the sciences can include software engineers; business can include startup founders; and education can include historians.

2. You have received national or international recognition for work in your field

To qualify for extraordinary ability, you need to be at the top of your field, and you must have received widespread recognition for your work.

How do you show that you are at the very top of your field?  You must either be a Nobel prize winner (or winner of an award that is essentially equivalent to the notoriety of a Nobel prize), or meet 3 out of 10 criteria:

1. You have received multiple nationally or internationally recognized prizes or awards for your work;
2. You are a member of an association that only selects members who have demonstrated outstanding achievement in the field;
3. Major media publications have featured you and your work;
4. You have served as the judge of the work of others in your field, such as on an international academic journal or conference panel;
5. You have made significant original contributions to your field;
6. You have authored original scholarly articles in the field;
7. Your work has been displayed at artistic exhibitions;
8. You have performed a leading or critical role at a distinguished organization, such as a university or international company;
9. You have a high salary in comparison to others in the field;
10. You have been commercially successful in the performing arts.

Although these criteria may seem straightforward, each one is complex and requires specific documentation to demonstrate that you meet it.  Simply claiming that you meet a criterion, or even having multiple recommendation letters from experts in the field can be insufficient without additional objective evidence.

Even if you meet these criteria, this doesn’t mean you automatically qualify for an extraordinary ability green card.  You still need to be considered as a leader who has received widespread recognition for your work in the field. Ultimately, you need to be honest with yourself, are you truly at the very top of your field? Are you one of the leaders that others look to and cite when they are talking about your field?  If so, then you may have a good shot at qualifying for an extraordinary ability visa.

3. You intend to work in the United States, in your area of expertise

Are you coming to live in the United States to continue to work in your field of expertise, or are you coming to start a whole different life in a different line of work?

To be eligible for the extraordinary ability green card, you will need to explain how and what you plan to do in the United States to prove that you plan to continue to work in your field in the United States.

4. You are eligible to be admitted to the United States and a visa is available for you

If you can meet the requirements for extraordinary ability, you will file a I-140 Petition with U.S. Citizenship and Immigration Services (USCIS) with the supporting documentation demonstrating your eligibility.  Once that is approved by USCIS, you have successfully shown that you are a person of extraordinary ability, and you are now allowed to apply for your green card.

You will need to check the visa bulletin to see if you are allowed to apply for your green card at this time, or you need to wait in line.  Most countries don’t have a wait for extraordinary ability (EB1) green cards, but China and India typically do.

If you don’t have to wait in line and a visa is available, then it’s time to apply for your green card.  If you are outside the United States you will apply for your green card through the U.S. consulate in your country.  If you are in the United States, in certain circumstances, you may be able to remain in the country and apply through a process called adjustment of status.  At this stage, you will need to be prepared to answer detailed questions about yourself (such as about your employment, criminal, and immigration history) so that the United States can determine whether to admit you.

If you meet these requirements, then you can successfully sponsor yourself for an EB-1 green card as an individual of extraordinary ability.

3. National Interest Waiver (NIW)

What is it?

For most employment-based green cards, an employer is required show that no U.S. workers can fulfill the position.  But, there is an exception to this general rule.  The U.S. government will “waive” the requirement for people who are coming to the United States to advance a field of national interest.

The goal of this “national interest waiver” is to attract foreign nationals to the United States who will have a productive and nationwide impact on the country.

Are you eligible?

1. You work in the sciences, arts, education, business, or athletics

This first step may look familiar, it is the same as with the extraordinary ability category.

National interest waivers are limited to people who work in sciences, arts, education, business, or athletics, but these fields can encompass a broad range of work—many occupations can fit within these overarching fields.

2. You hold at least a master’s degree or you are an individual of “exceptional ability”

If you have at least a master’s degree in your field, then you meet this requirement.  You can also meet this requirement if you have a bachelor’s degree and five years of progressive experience.

Otherwise, you will need to show you are a person of “exceptional ability.”  This is much trickier than simply showing your education.  You will need to meet several additional requirements including that you have at least 10 years of experience in your profession.

3. Your work has substantial intrinsic merit

You will need to show that what you do contributes to a field that is important to the United States.  This is usually an easy requirement to meet.  Whether it’s technology, culture, science, or entrepreneurship, most fields are valuable in some way to the U.S. national interest.

4. Your work has national importance

Does your work have an impact not just a small geographic area, but the entire United States?

Your work must be national in scope.  Even if you work in an industry that serves the national interest, such as a teacher in an elementary school, this is not enough.  Your contribution must be broader than one school—you must have the potential to make a widespread impact on the entire country.

5. You are in a position to advance your field

This is the most important requirement for a national interest waiver.  You need to show how you have already contributed to your field in a way that puts you in a strong position to continue to advance the field forward.  Have you received government funding for your work? Do you have hundreds of citations to your research demonstrating that other scholars rely on your research? Do you have highly used patents or licensing deals with major companies?  This is the kind of proof the U.S. government is looking for to show that you already have an established record of pushing the field forward and you are well positioned to continue to do so.

6. It’s beneficial to the United States to waive the typical requirement that no U.S. worker be available to do the job

Can you show that there is some kind of urgency or immediate need for you to begin your work in the United States?  This is usually an easy requirement to meet if you’ve already met the other requirements for a national interest waiver.  Given that you are coming to work in a field of national interest, then it’s typically beneficial to the United States for you to begin work as soon as possible to advance the field.

7. You are eligible to be admitted to the United States and a visa is available for you

If you meet the six requirements for a national interest waiver, then you can file an I-140 with supporting documentation with USCIS.  Once that is approved, you have successfully shown that you qualify for an employment-based green card (EB-2).

Like with the diversity visa and the extraordinary ability category, getting to this stage simply allows you to apply for your green card, it does not give you an automatic green card.

Before you can get your green card you will need to check the visa bulletin to see if you are allowed to apply for it at this time, or you need to wait in line.  Most countries don’t have a long wait for EB-2 green cards, but China and India typically do.

If you don’t have to wait in line and a visa is available, then it’s time to apply for your green card.  If you are outside the United States you will apply for your green card through the U.S. consulate in your country.  If you are in the United States you may be able to remain in the country and apply through a process called adjustment of status.  At this stage, you will need to be prepared to answer detailed questions about yourself (such as about your employment, criminal, and immigration history) so that the United States can determine whether to admit you.

If you meet these requirements, then you can successfully sponsor yourself for an EB-2 national interest waiver green card.

4. EB-5 Investors

What is it?

The United States awards green cards to people who invest a significant amount of money into a U.S. business, which creates jobs for U.S. workers.

Are you eligible?

1. You have $500,000 or $1,000,000 to invest in a U.S. company

Typically, you will need $1,000,000.  That’s why you may have heard of this being called the “Million Dollar Green Card.” If you only have $500,000 that you can invest you may be able to qualify for EB-5, but the investment must be in a “targeted employment area” (TEA).  A targeted employment area is a rural area or a high unemployment area (over 150% of the national average).

The investment cannot be a loan to the company, and you must be ready to show through extensive documentation where your investment came from—demonstrating that the money did not come from any unlawful sources.

2. You will invest in a new commercial enterprise

You must invest your money in a new or existing business.  Although the word “new” in “new commercial enterprise” makes it sound like the company you are investing in must have been formed in the last few years, in reality, a company can be considered “new” if it was established over 30 years ago (established after November 29, 1990 to be exact) as long as it will be restructured or reorganized with your investment.

If you are looking to be a more passive investor, you may invest in a “regional center.”  A regional center is a U.S. entity designated by USCIS as promoting economic growth.

3. You will manage the U.S. business (unless you are investing in a regional center)

You will need to show that you are not just a passive investor, but that you will be managing the business, meaning that you have control over the day-to-day operations, or you are responsible for formulating policies that impact the entire business. However, if you are investing in a regional center you do not need to show that you are actively managing the business.

4. You will create at least 10 U.S. jobs

You do not have to hire 10 U.S. workers immediately, but you will need to show that your business will be in a position to employ 10 U.S. workers in the next few years.  If the business does not already employ 10 U.S. workers, you will need to submit detailed evidence on how you will create and preserve the jobs in the near future.

5. You are eligible to be admitted to the United States and a visa is available for you

If you can meet these four main requirements, then you can file a petition with USCIS.  USCIS heavily scrutinizes EB-5 petitions, and often issues requests for evidence (RFEs) for more detailed documentation.  An attorney can help prepare a strong application that will decrease the chances of an RFE or denial.  Once the petition is approved by USCIS, you have successfully shown that you qualify for an EB-5 investor green card.

Like with the other self-sponsorship green cards, getting to this stage simply allows you to apply for your green card, it does not give you an automatic green card.

Before you can get your green card you will need to check the visa bulletin to see if you are allowed to apply for it at this time, or you need to wait in line.  Most countries don’t have to wait for EB-5 green cards, but China typically does.

If you don’t have to wait in line and a visa is available, then it’s time to apply for your green card.  If you are outside the United States you will apply for your green card through the U.S. consulate in your country.  If you are in the United States you may be able to remain in the country and apply through a process called adjustment of status.  At this stage, you will need to be prepared to answer detailed questions about yourself (such as about your employment, criminal, and immigration history) so that the United States can determine whether to admit you.

If you meet these requirements, then you can successfully sponsor yourself for an EB-5 investor green card.  You will initially be granted a 2-year conditional green card.  This is because the U.S. government wants to check in on your business in 2 years to ensure that your investment truly created or preserved 10 U.S. jobs.  90 days prior to your 2-year mark you will be able to apply to “remove the conditions” of your green card, which once approved will result in your permanent green card.

Sponsoring yourself for a green card is possible, but it is generally limited to four options.  The requirements for a diversity visa are relatively straightforward. People who are eligible for the diversity visa can pursue that path with minimal, if any, attorney assistance.  However, for the extraordinary ability, national interest waiver, and investor categories, the requirements are complex and it can be useful to have an attorney objectively evaluate your eligibility.

If you are interested in having an attorney review your eligibility for one of these visas or you would like discuss other ways to live in the United States, you can schedule a strategy session with one of our attorneys here.

***

This website and blog constitute attorney advertising. Do not consider anything on this website or blog as legal advice and nothing on this website constitutes the formation of an attorney-client relationship. Book a consultation with us before you act using any information you read here. Past results are not a guarantee of future results and past results do not imply or predict future results. Each case is different and must be judged on its own merits.

The post How to Sponsor Yourself for a Green Card appeared first on DGO Legal.

Let’s say you know you are eligible for a green card.  Maybe your sister is a U.S. citizen, or your employer sponsored you and you already have a certified PERM in hand.  Fantastic, you should have your green card in no time, right? Unfortunately, no, not right.  You might have to wait in a line—that could be up to 20 years—until you get your green card.

But wait, if you are eligible for a green card and you have an approved petition right now, why can’t you get your green card today?

The answer: the visa bulletin.

The visa bulletin is the waitlist for green card applications.  It tells you whether you can apply for your green card now or if you have to wait in line.  It exists because the U.S. government limits the number of green cards given out each year—meaning only a certain number of green cards are available for each type of application and each country.  So, if you are from a country with a lot of people filing for the same kind of green card application, like siblings of U.S. citizens from Mexico, then you will need to wait in a long line.

The visa bulletin is updated and issued every month by the Department of State.  If you take a look at the Department of State’s visa bulletin page, it is incredibly confusing and overwhelming. There are several charts, many different headings, and you have to scroll down at least 10 times to get to the bottom of the page.  Don’t feel bad if all you want to do is close the page the moment you look at it.  Honestly, even lawyers struggle to understand it.

Sadly, closing down the window won’t help you determine when you can file your green card application, so you will have to push ahead and figure out how to read the chart. Here are the steps to take to read it:

Identify your green card category

The first step to reading the visa bulletin is identifying your “preference category.”  This just means the type of green card application that you would file.  There are 3 overarching options:

1. Family-based, if you are applying for a green card based on your family relationship with a U.S. citizen or lawful permanent resident;
2. Employment-based, if you are applying for a green card based on your employment in the United States;
3. Diversity visa, if you are applying for a green card because you won the diversity visa lottery.

If you will be filing a family-based green card application, the categories are separated out based on the type of family relationship you have with your family member who is sponsoring you:

If you are an immediate relative of a U.S. citizen–—which includes spouses (a.k.a. marriage-based green card), parents, and unmarried children under who are under 21—then you do not have to use the visa bulletin at all! You never have to wait in line to apply for your green card.

Once you identify your family preference category based on this chart, you are ready to move on to the next step in determining how to read the visa bulletin.

If you will be filing an employment-based green card application, the categories are separated out based on the type of employment green card you are seeking.  If you are not sure, you should check the petition filed in your case (such as the I-140 petition or the I-360 petition), or you can reference this summary of the categories:

If you will be filing your green card application because you won the diversity visa lottery, then you have your own special visa bulletin chart.  There are no “preference categories” for the diversity visa lottery, so you can skip this step.

Now that you have identified the type of green card application, the next step is to determine the “country of chargeability.”

Determine your country of chargeability

Remember, the green card waitlists are based on country.  So, we need to determine what country line applies to your application. This is called the “country of chargeability.”  Most of the time this is a simple step based on where you were born.  For example, if you were born in Argentina, then your “country of chargeability” is typically Argentina.  However, if you are applying for your green card with your spouse or parent, then you may be able to use their country of birth instead (for example, if you were born in China but your spouse who is applying with you was born in France, you could use France as the country of chargeability, which could mean a shorter wait time for your green card).

If you are a diversity visa applicant, then the applicable country is the one reflected on you document that indicates that you were selected for the diversity visa lottery.  On the visa bulletin, you will look for the region where this country is located (for example, if your selection country is Australia, then your region is Oceania on the visa bulletin).

Find your priority date

The next step to reading the visa bulletin is identifying your priority date.

For family-based cases, the priority date will typically be the date that USCIS received your I‑130 petition. You can find this on your I‑130 receipt or approval notice (I‑797 notice).  If there was a divorce, marriage, death, or naturalization that occurred after the I‑130 was filed, then the priority date may be converted to a different date.  This is an issue where it may be useful to have an attorney assess the impact of one of these events on your case.

For employment-based cases, your priority date depends on your preference category (e.g., EB1, EB2, EB3, EB4, EB5).  The priority date will be:

• EB1: The date that USCIS receives the I-140 petition
• EB2 & EB3: The date the labor certification is properly filed with the Department of Labor (DOL)
• EB4: The date that USCIS receives the I-360 petition
• EB5: The date that USCIS receives the I-526 petition

For the diversity visa chart, you will not have a priority date, but rather a “cut-off number.”  You can find this on the document for the Department of State that indicates that you were selected for the diversity visa lottery. There will be a case number that looks something like this: 2021AF00012121.  Your “cut-off” number is the last 8 digits are your case number.

Figure out what chart to use:

Final Action Dates vs. Dates for Filing

We are almost to the end, can you believe it? But, this is one of the most perplexing parts of the visa bulletin.  Even as immigration attorneys, we often have to re-read the instructions for this step to ensure we are reading the visa bulletin correctly.

There are two charts that look nearly identical within the visa bulletin: the “Final Action Dates” and the “Dates for Filing” charts.  How do you know which one to use?

The chart that applies to you depends on whether you are applying for your green card within the United States (through adjustment of status with USCIS) or outside of the United States (through a consulate abroad).

If you are applying for your green card from outside the United States (at a U.S. consulate/embassy), then you can use the “Dates for Filing” chart, which will tell you whether you can go ahead and file your application through the National Visa Center (NVC).

If you are applying for your green card from within the United States, then you might think, okay, the other chart must be for me. Unfortunately, it’s not that simple.  Sometimes you might use the “Final Action Dates” chart and other times you might use the “Dates for Filing Charts.”  It varies each month.  After the Department of State releases the visa bulletin for the month, USCIS will release a statement identifying what chart adjustment of status applicants must use.  USCIS publishes this visa bulletin chart announcement here.

Read the visa bulletin

We made it.  Your last step is to use all the information you have gathered about your case through these steps to actually read the visa bulletin.  You will find the appropriate chart, look at the country of chargeability column, and find the date that applies to your preference category.

Here is a sample chart and what you are looking for:

If the column shows a “C” then your priority date is “current” and you can file your green card application now.  If your priority date is earlier or equal to the date listed on the chart then you can also can file now.

You must look at the current month’s visa bulletin to determine what priority dates are current.  Priority dates can “retrogress,” meaning that even if your priority date is current this month, next month it may no longer be current and you may no longer be able to file your green card application.

You’ve read the visa bulletin, now what?

It is possible to understand the visa bulletin without the help of an immigration attorney.  However, if you are unfamiliar with the U.S. immigration system, it can be quite daunting to figure out on your own.  Perhaps you would like some assistance confirming that you have read the visa bulletin correctly, or you’ve managed to read the visa bulletin successfully to discover that it’s time to file your green card application and you want to learn more about how an immigration attorney can help you file your case.  In either scenario, our attorneys at DGO Legal would be happy to discuss your case with you. You can learn more about or services here or schedule a strategy session with one of our attorneys here.

The post How to Read the Visa Bulletin (Step-by-Step) appeared first on DGO Legal.

1. Whether to admit you at all;
2. If the officer admits you, for how long you will be admitted.

Your visa determines the maximum length of stay the officer can give you, but the document you need to pay attention to is Form I-94. Form I-94 contains basic information such as your full name, passport number, nationality, visa category of admission, and for how long you can stay.

If you’ve been traveling to the United States for a long time, you may remember filling out a white paper with your name and passport number on it. That paper was then stamped by the CBP officer together with your passport. Well, since 2013 that paper is no longer used much. Instead, nowadays you’ll find the I-94 online on this page. Here you can also find your travel history to the United States.

Make sure to review the I-94, and do not go by the passport stamp date. What matters is the I-94 as that is what stays in the system. So check it right away, and if you see a mistake contact the pertinent CBP port of entry or deferred inspection office to correct it, here.

The post Form I-94 is what determines how long you can stay in the United States, not your visa! appeared first on DGO Legal.

Today I want to share with you breaking news that could be very valuable for your particular case:

BREAKING NEWS! Federal Judge Blocks Asylum Restrictions.

Remember the restrictions Trump was going to put on those migrants seeking asylum?

That’s right!

This is great news for all immigrants.

I have recorded a short video where I tell you all about this news.

Until then, I remain at your service.

Julio

P.S. – Are you seeking asylum for yourself or a loved one in the U.S. and need to resolve your doubts?

Request a consultation with me and my experts today:

⇒ Schedule your counseling with me or one of our experts here.

The post BREAKING NEWS! – Judge Blocks Asylum Restrictions appeared first on DGO Legal.

I hope you and your family had a great start to the new year.

To start the year the way YOU need to start your immigration process….

I want to share this important news with you:

President-elect Joe Biden Just Promised A Pathway To Citizenship For Over 11 Million Migrants!

How did this happen?

And what does this mean for your immigration process?

I’ve recorded a short video for you where I explain this.

Until then, I remain at your service.

Julio

P.S. – Do you want to take advantage of the Reforms that President-elect Biden has proposed for your particular case?

Request a consultation with me and my experts today:

⇒ Schedule your counseling with me or one of our experts here.

The post BREAKING NEWS – President Biden Has Promised This… appeared first on DGO Legal.

As we start the year, there has been very good news and very bad news on immigration.

As we start the year, there has been very good news and very bad news on immigration.

TO BE PROPERLY INFORMED!

That’s why I’m taking the time to answer all the immigration questions you may have for an hour:

Immigration Live! Answering All Your Questions

Want to know what good news and bad news I’m talking about?

Want to know how other immigration cases have been resolved so you know what to expect from yours?

I’ll leave the recording of this LIVE below:

Until then, I remain at your service.

Julio

P.S. – Your particular doubts were not answered in this video and you need a professional to solve them?

Request a consultation with me and my experts today:

⇒ Schedule your counseling with me or one of our experts here.

The post Immigration Live – Here Is the Recording. appeared first on DGO Legal.