A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Thursday, May 18, 2017

June 2017 Visa Bulletin: EB-1 India and China No Longer Current



As predicted previously, a cutoff date of June 1, 2012, has been imposed on EB-1 India and EB-1 China in June's Visa Bulletin, representing retrogression of about five years.  This cutoff date is not likely to be permanent but may stay for the near future.  Applicants in these two categories can still file their immigrant visa or adjustment applications in May.  EB-3 Philippines advances four months to May 1, 2013.   

Family immigration categories generally have decent forward movements in June. For examples, 
F-1 Philippines and Mexico both advance 2.5 months.  F-2A China, India, Philippines and Other Countries all move forward by one month.

AD: Dates for Final Action (Approval)
FD : Dates for Filing Applications
FAMILY
Other Countries
China
India
Mexico
Philippines
F1
AD
12/22/2010
12/22/2010
12/22/2010
09/01/1995
04/22/2006
FD
07/22/2011
07/22/2011
07/22/2011
04/01/1996
09/08/2007
F2A
AD
08/15/2015
08/15/2015
08/15/2015
07/22/2015
08/15/2015
FD
04/08/2016
04/08/2016
04/08/2016
04/08/2016
04/08/2016
F2B
AD
10/22/2010
10/22/2010
10/22/2010
04/08/1996
09/22/2006
FD
09/1/2011
09/01/2011
09/01/2011
08/08/1996
07/22/2007
F3
AD
07/01/2005
07/01/2005
07/01/2005
02/22/1995
10/08/1994
FD
12/01/2005
12/01/2005
12/01/2005
05/01/1995
02/01/1995
F4
AD
05/08/2004
05/08/2004
09/15/2003
07/15/1997
11/22/1993
FD
11/15/2004
11/15/2004
06/22/2004
01/08/1998
02/08/1995
1st: Unmarried Sons and Daughters of Citizens (about 23,000 per year).
2A: The 2 "A" preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 "B" Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens.(about 23,000 per year)
4th: Brothers and Sisters of Adult Citizens.(about 65,000 per year)

Employment
Other Countries
China
El Salvador Guatemala Honduras
India
Mexico
Philippines
EB1
AD
C
01/01/2012
C
01/01/2012
C
C
FD
C
C
N/A
C
C
C
EB2
AD
C
03/01/2013
C
07/01/2008
C
C
FD
C
10/01/2013
N/A
02/01/2009
C
C
EB3
AD
04/15/2017
10/01/2014
04/15/2017
05/15/2005
04/15/2017
05/01/2013
FD
C
09/01/2015
N/A
04/22/2006
C
07/01/2014
Other Workers
AD
04/15/2017
07/15/2006
04/15/2017
05/15/2005
04/15/2017
05/01/2013
FD
C
06/01/2008
N/A
04/22/2006
C
07/01/2014
EB4
AD
C
C
07/15/2015
C  
07/15/2015
C
FD
C
C
N/A
C
C
C
EB5
AD
C
06/08/2014
C
C
C
C
FD
C
09/01/2014
N/A
C
C
C
1st: Priority Workers (Extraordinary ability aliens, multinational companies executives/managers,outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: "Special Immigrants" (Religious & others)
5th: Employment Creation (Investors)



Wednesday, May 10, 2017

Every trade has its master: Horse breeder found to have extraordinary ability

There is a fast-track way to obtain the U.S. green card for those who qualified.  The Immigration and Nationality Act (the Act) provides several first-preference visa classifications (EB-1) for foreigners to apply for U.S. permanent residence quickly.  These qualified foreigners are called priority workers.  "Aliens with extraordinary ability" under Section 203(b) of the Act is one such category.  Recently, the Administrative Appeals Office (AAO) of the USCIS approved an EB-1 Extraordinary Ability Alien petition for a thoroughbred horse breeder.

To qualify as an extraordinary ability alien, one must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics by virtue of "sustained national or international acclaim" and whose achievements have been recognized in the field through extensive documentation.  Under the regulations, a petitioner may demonstrate such sustained national or international acclaim by means of a one-time achievement such as  a major international award.  If there is no such a one-time achievement, the petitioner may provide evidence to show that he or she meets three of the ten listed criteria such as awards, published material about the petitioner, scholarly publications, etc.  

In Matter of P-H-, an unpublished decision, the AAO found that the petitioner, a thoroughbred horse breeder meets three of the ten requirements including:

(1) Published material about the petitioner: Two of UK's horse racing dignitaries interviewed him after his horse beat the race favorite. The interview was broadcast live on Channel 4 in UK, which has millions of viewers on average. 
(2)  Participation as a judge of others work:  Petitioner evaluated thoroughbred horses for people what would like to purchase them. 
(3) Original scientific, scholarly, artistic, or athletic, or business-related contributions:  Evidence showing petitioner's contributions to the thoroughbred horse racing community through breeding several champion horses.

However, according to the regulation, it is not enough for a petitioner to meet three of the ten requirements. To qualify as an extraordinary ability priority worker, the immigration officers must also perform a "final merits determination" to decide whether an immigrant visa should be granted, pursuant to Kazarian v. USCIS, a 2010 Ninth Circuit Court decision. Essentially, USCIS evaluates each piece of evidence individually and also collectively to determine whether the totality of the documents submitted establishes sustained national or international acclaim and whether it demonstrates that the individual is among the small percentage of individuals at the top of their professional field.

Here, AAO found that horse breeder does possess extraordinary ability, noting his "history of success an achievements."   Petitioner brought his stallion from the UK to Florida in 1989 when he moved to America.  Petitioner introduced two new bloodlines to America by breeding his horse.  In doing so, he created offspring with no close genetic replications.  For his novel and successful way of breeding horses, petitioner was called an "intuitive genius" in the field.  The horses that he bred won high profile races and competitions.  Petitioner also trained the 2010 Kentucky Derby-wining horse, Super Saver.  The horses that he bred were sold for high prices.  The petitioner also evaluated the suitability for breeding of numerous horses for both individuals and established horse training facilities on different continents. His expertise is relied by peers in both Europe and America.  

Consequently, after noting that the petitioner will continue working in his area of expertise in the U.S. (another requirement), the AAO approved his EB-1 extraordinary ability alien petition.



Friday, May 5, 2017

May 2017 Visa Bulletin



In the May 2017 Visa Bulletin, there are small to moderate movements in the employment categories. EB-3 China moves forward by about 6 weeks while EB-3 India only tiptoes forward by 1 day.  EB-3 Philippines has 3.5 months of advancement to 01/01/2013.  EB-2 India remains at 06/22/2008; EB-2 China advances 3 weeks. 

There are moderate movements in the family visa categories.  FB-1 for Other Countries, China, India  advance 7 weeks to 12/08/2010.   F2A for Other Countries, China, India and Philippines advance 5 weeks. 


There are also some nice movements in the application filing date charts.  However, only overseas applicants will benefit from these movements.  USCIS has decided that it will not adopt the filing date charts for applicants applying for adjustment of status in the U.S. for the month of May. 

AD: Dates for Final Action (Approval)
FD : Dates for Filing Applications

FAMILY
Other Countries
China
India
Mexico
Philippines
F1
AD
12/08/2010
12/08/2010
12/08/2010
06/15/1995
02/01/2006
FD
07/22/2011
07/22/2011
07/22/2011
04/01/1996
09/08/2007
F2A
AD
07/15/2015
07/15/2015
07/15/2015
06/22/2015
07/15/2015
FD
04/08/2016
04/08/2016
04/08/2016
04/08/2016
04/08/2016
F2B
AD
10/01/2010
10/01/2010
10/01/2010
02/01/1996
08/01/2006
FD
09/1/2011
09/01/2011
09/01/2011
08/08/1996
07/22/2007
F3
AD
06/15/2005
06/15/2005
06/15/2005
01/22/1995
09/22/1994
FD
12/01/2005
12/01/2005
12/01/2005
05/01/1995
02/01/1995
F4
AD
05/08/2004
05/08/2004
09/08/2003
07/01/1997
10/15/1993
FD
11/15/2004
11/15/2004
06/22/2004
01/08/1998
02/08/1995

1st: Unmarried Sons and Daughters of Citizens (about 23,000 per year).
2A: The 2 "A" preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 "B" Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens.(about 23,000 per year)
4th: Brothers and Sisters of Adult Citizens.(about 65,000 per year)


Employment
Other Countries
China
El Salvador Guatemala Honduras
India
Mexico
Philippines
EB1
AD
C
C
C
C
C
C
FD
C
C
N/A
C
C
C
EB2
AD
C
02/08/2013
C
06/22/2008
C
C
FD
C
10/01/2013
N/A
02/01/2009
C
C
EB3
AD
03/15/2017
10/01/2014
03/15/2017
03/25/2005
03/15/2017
01/01/2013
FD
C
09/01/2015
N/A
04/22/2006
C
07/01/2014
Other Workers
AD
03/15/2017
03/08/2006
03/15/2017
03/25/2005
03/15/2017
01/01/2013
FD
C
06/01/2008
N/A
04/22/2006
C
07/01/2014
EB4
AD
C
C
07/15/2015
C  
07/15/2015
C
FD
C
C
N/A
C
C
C
EB5
AD
C
06/01/2014
C
C
C
C
FD
C
09/01/2014
N/A
C
C
C

1st: Priority Workers (Extraordinary ability aliens, multinational companies executives/managers,outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: "Special Immigrants" (Religious & others)
5th: Employment Creation (Investors)