When Will Visa Be Available Again Since Retrogression Start on April 1 2018
Starting April one, 2018, the cut-off date for Chinese EB-i cases will retrogress to January i, 2012. This means only Chinese beneficiaries with a priority date before January 1, 2012 may submit a dark-green card application. This significantly delays the process of applying for a greenish carte du jour for 6 years! EB-1 cases include visa petitions for aliens with boggling abilities, outstanding professors and researchers, and multinational managers and executives.
Fortunately, the visa bulletin is subject to change. Last month in March, EB-1 beneficiaries may file the green menu application meantime with the EB-1 petition (aka I-140 form). However, this month, the cutting-off date retrogressed to January 1, 2012 for Chinese nationals – a huge difference!
Step ane: Find the Priority Date
The priority appointment is the date on which the petition was properly filed with the U.S. Citizenship and Immigration Services ("USCIS"). If the petition was already filed, you lot would exist able to find the priority date on the I-140 receipt:
Step two: Look at Chart A
Congress sets limits on the number of immigrant visas that can be issued each year. The visa bulletin keeps track of whether immigrant visas are available to strange nationals in certain preference categories and countries. If the priority date is earlier than the cut-off date listed on the visa bulletin, then a visa is available and the beneficiary may apply for a dark-green menu.
At that place are currently two (2) charts on the visa bulletin. Nautical chart A is titled "Final Action Dates for Employment-Based Preference Cases" and Nautical chart B is titled "Dates for Filing of Employment-Based Visa Applications." Essentially, Chart A determines when USCIS volition adjudicate the green carte application, while Chart B determines when it can be filed.
Using the priority date in the epitome above (May xviii, 2015), if the beneficiary is a Chinese national, USCIS would not adjudicate the case in Apr because the priority date is afterward the cut-off date of January 1, 2012.
However, the casher may nonetheless file the green menu awarding. I would need to wait at Chart B to determine that.
Step three: Make up one's mind whether Chart B tin can be used
Chart B determines whether the beneficiary may file a dark-green carte application (even though it would be adjudicated at a later time). The benefit of submitting a green carte application early is the beneficiary may simultaneously apply for a work allow and travel certificate (known as accelerate parole). Equally long every bit the greenish card awarding is pending, the beneficiary may apply for and renew the work permit and advance parole. Stated differently, fifty-fifty if it takes USCIS six years to finally adjudicate and approve the green card awarding, meanwhile, the casher may go along to work and travel overseas. This is a great advantage.
Unfortunately, Chart B is only "sometimes" honored past USCIS. To make things even more than complicated, you lot must visit www.uscis.gov/visabulletininfo to determine whether Chart B tin can be used in lieu of Nautical chart A. For Apr 2018, just Chart A, "Final Activity Dates," tin can exist used. This means if an EB-1 petition is filed in April 2018, the Chinese casher may need to await half-dozen years before he or she is allowed to apply for a green card.
Once more, the visa bulletin changes every month, so practise not lose promise and seize the opportunity when it is available!
Step 4: Look at Nautical chart B (if permitted)
If Chart B tin can be used, and it shows the cutting-off date equally "C" or current, then the beneficiary may concurrently file the green carte awarding with the EB-1 petition.
Step 5: File for Green Card Awarding as soon as Priority Date is Current
If the priority appointment is not current even so and Chart B cannot be used, and so the beneficiary must pay very close attending to the visa bulletin. Alternatively, seek aid from an experienced immigration attorney and permit the legal team keep rail of the procedure and monitor all updates and significant changes.
Waiting is excruciating, but do non lose hope. If filing for a dark-green card is taking longer than expected, make plans to go along your legal status, such every bit F-i, H-1B or L-i, valid throughout the waiting menses.
Conclusion
If you lot are still unsure of your condition, encounter an immigration professional who y'all tin can trust. The last thing you demand is to walk out of a police force part feeling more dislocated and uncertain about your future in the Usa.
At Wilner & O'Reilly, we specialize in the practise of immigration police. We have board certified specialists, former clearing officers, and experienced licensed attorneys to assistance you achieve your clearing goals. Nosotros take pride in maintaining the trust and conviction of our clients. Schedule your free in-person consultation today.
Near THIS AUTHOR
JeannyTsoi – Attorney
Ms. Jeanny Tsoi is an Associate Attorney at Wilner & O'Reilly who handles employment-based transactional cases. She also has extensive experience with family-based immigration matters, 601/601A waivers, not-immigrant visas, and asylum applications. She is admitted to the State Bar of California, the United States District Court for the Cardinal District of California, and the The states Court of Appeals for the Ninth Circuit. Ms. Tsoi graduated Cum Laude from University of Southern California with a Available'southward caste in Art History. In 2012, she earned her Juris Doctorate degree from Southwestern Constabulary School where she was the Vice President of Phi Alpha Delta Law Fraternity and a member of the Asian Pacific American Law Students Association.
Richard 1000. Wilner –Founding Partner
Richard One thousand. Wilner is a founding fellow member of Wilner & O'Reilly, APLC and is Lath Certified by the Land Bar of California equally a Specialist in Immigration and Nationality Law. He is admitted to practice law in the State of California and earlier the U.Southward. District Courts for the Fundamental, Northern and Southern Districts of California, the Northern District of Texas, the U.S. Courtroom of Appeals for the 9th Excursion and the U.S. Supreme Courtroom.
Source: https://www.wilneroreilly.com/visa-retrogression-chinese-eb-1-cases/