September 2026 Visa Bulletin: EB Visa Numbers May Hit Limits

 

The vast majority of the dates remain unchanged in the September Visa Bulletin. According to the State Department, some employment-based categories may reach their annual visa numerical limits before September ends.  

However, due to previous travel bans and visa issuance pauses for certain countries, a significant number of immigrant visas may have remained unused by overseas consulates. Since the current fiscal year is coming to a close, if the family-based visa numbers do not get exhausted by the end of the month, they will overflow to employment-based cases starting in October (the first month of fiscal year 2027), which likely will bring some advancements to October cut-off dates.

We will keep an eye on the upcoming Visa Bulletin to see how the numbers land. In the meantime, potential applicants should prepare ahead and engage an experienced immigration professional to ensure they are fully positioned to file for Adjustment of Status the moment their priority date becomes current.

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-Based	All Others	China	India	Mexico	Philippines
F1	A:01/22/20 F:02/01/20	A:01/22/20 F: 02/01/20	A:01/22/20 F:02/01/20	A:01/01/08 F:12/01/08	A: 05/01/13 F: 04/22/15
F2A	A:08/22/26 F: Current	A: 8/22/26 F: Current	A:08/22/26 F: Current	A:08/22/25 F: Current	A: 08/22/26 F: Current
F2B	A:08/22/19 F:09/01/19	A:08/22/19 F:09/01/19	A:08/22/19 F:09/01/19	A: 02/15/09 F: 05/15/10	A: 06/01/13 F: 10/01/13
F3	A: 10/22/14 F: 11/01/14	A: 10/22/14 F: 11/01/14	A: 10/22/14 F: 11/01/14	A: 07/01/01 F: 07/15/01	A: 02/22/06 F: 08/08/06
F4	A: 10/22/11 F: 11/01/11	A: 10/22/11 F: 11/01/11	A: 11/01/06 F: 12/15/06	A: 04/08/01 F: 04/30/01	A: 08/22/07 F: 03/22/08

1st: Unmarried Sons and Daughters of Citizens (about 23,400 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 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-Based	All Others	China	India	Mexico	Philippines
EB-1	A: Current F: Current	A: 07/01/23 F: 12/01/23	A: 10/15/22 F: 12/01/23	A: Current F: Current	A: Current F: Current
EB-2	A: Current F: Current	A: 09/01/21 F: 01/01/22	A: Unavailable F: 01/15/15	A: Current F: Current	A: Current F: Current
EB-3	A: 09/01/24 F: Current	A: 01/01/22 F: 01/08/22	A: 01/01/14 F: 01/15/15	A: 09/01/24 F: Current	A: 08/01/23 F: 01/01/24
Other Workers	A: 04/01/22 F: 08/01/22	A: 05/01/19 F: 10/01/19	A: 01/01/14 F: 01/15/15	A: 04/01/22 F: 08/01/22	A: 12/01/21 F: 08/01/22
EB-4	A: 12/15/22 F: 01/01/23	A: 12/15/22 F: 01/01/23	A: 12/15/22 F: 01/01/23	A: 12/15/22 F: 01/01/23	A: 12/15/22 F: 01/01/23
EB-5	A: Current F: Current	A: 12/01/16 F: 03/01/17	A: Unavailable F: 05/01/24	A: Current F: Current	A: Current F: Current

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)

*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS New Central NJ Field Office

 

Google Map Photo

Some applicants wonder why their immigration cases were transferred from Newark to another office in New Jersey. Last year, the USCIS has opened a new field office in Central New Jersey, located in Cranbury. According to USCIS, this strategic addition aims to better serve the growing needs of immigrants and applicants residing in the region.

For many years, USCIS has two field offices in New Jersey located in Newark and Cherry Hill (later moved to Mt. Laurel).  The Newark Field Office serves mostly applicants from north New Jersey, while the Mt. Laurel Field Office is designed to serve the communities in south New Jersey.  Over the years, as the population of the immigrant communities increases, the resources of these offices have been stretched to the limit, especially the Newark Field Office.  

New Jerseyans often argue exactly where the dividing line is between North and South New Jersey.  Because of its central location, Newark has had to handle extremely large number of immigration cases from applicants located in both North and South New Jersey.  The driving distance between Newark and Mt. Laurel is about an hour and 30 minutes during rush hours.  Hence, to avoid making applicants drive long distances, USCIS would assign cases in central Jersey to Newark.

The establishment of the Central New Jersey Field office is aimed at relieving the workload of the other two field offices.  Situated in Cranbury, a township located near the mid-point between Newark and Mt. Laurel, the new USCIS field office will handle the immigrant cases of applicants who reside in Central New Jersey. 

Just like the other field offices, the Central NJ field office is a full-service office that handles all common immigration cases. including naturalization testing and interviews, interviews of green card applicants based on family relationship or employment offers.  biometric appointments, and other usual immigration processes. Ya-Mei Chen, a Chinese immigrant, is the Field Office Director in charge of the Central NJ field office. 

Currently, the processing times at Newark Field Office are still relatively long: 9.5 months for N-400 naturalization applications; 18 months for family-based I-485 applications; and 21.5 months for employment-based I-485 applications.  The addition of the Central Jersey Field Office should alleviate the workload of the other offices and shorten the case processing times.  

Located at 8 Cedarbrook Dr, Cranbury, NJ 08512, the Central NJ Field Office has brand new offices with ample parking spaces.  Applicants should not be concerned if their cases are transferred to this office. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Lover's Green Card: K-1 Fiancé(e) Visa or Immigrant Visa

When a U.S. citizen falls in love with an overseas foreign national, there are two ways to bring him/her to the United States as legal resident to live together.  One way is to apply for a fiancé(e) visa (K-1 visa) for the foreign national.  The other way is to petition for an immigrant visa on his/her behalf.  There are pros and cons to both options.  (Note: The following discussion assumes the foreign national is living in an overseas country. For foreign spouses who are residing in the United States, they may be able to apply for a green card through the process of Adjustment of Status.)

K-1 Fiancé(e)Visa

The K-1 fiancé(e) visa is technically a non-immigrant visa, as it does not confer permanent resident status to the holder.  However, in reality, it works more like a hybrid visa with features of an immigrant visa.  

To apply for a K-1 visa, the parties must not be married, but they must be able to legally marry each other. Further, they must have met at least once in person within the past two years, unless they are eligible for an exemption.  For example, some cultures or religions do not allow the couple to meet each other before their marriage.   Or if the couple can prove that it would be extremely difficult for them to meet due to financial or health reasons, they may also request for exemption. 

The application process starts with the I-129F application, which is used to establish the relationship of the couple.  Evidence of their relationship and eligibility to get married must be submitted.  Further, documents to prove that they have met each other in-person must also be provided. These include photographs, travel documents, hotel reservations, visa stamps, etc.   If the U.S. citizen has a criminal record, documents must also be submitted to USCIS to explain what happened.  

Upon approval of the I-129F petition, the case will pass through the National Visa Center before it is sent to the American Embassy or Consulate where the fiancé(e) is located.  An interview will be conducted to confirm the couple's relationship.  Note, the visa officer may not be convinced that the relationship is genuine, and K-1 visa rejections are common.

Assuming a K-1 visa has been issued, the foreign national may then enter the U.S. with it.  Upon arriving in the United States, the couple must get married within 90 days.  There is no exception to this requirement.  After their legal marriage, the foreign spouse may then apply for a green card through the process of Adjustment of Status.  The foreign spouse may stay in the U.S. until the green card is approved.  During this period, she may also apply for work authorization to work legally.  Another interview could be scheduled for the couple at a local USCIS officer before the green card can be approved. 

Immigrant Visa Petition

If the couple have already been married, the foreign spouse should directly apply for an immigrant visa.  Where they get married is not important, as long as the marriage is considered legal according to the local laws.  

First, the couple would file an I-130 Petition for Alien Relative with USCIS.  This petition is again to establish their marital relationship. Documents should be submitted to explain and prove their relationship.  For examples, how they met and how the relationship developed, etc. They must also prove that their marriage was lawful.  If they have been married before, they must provide legal documents to prove that the previous marriage was legally terminated. 

Upon approval of the I-130 petition, the case will be sent to the National Visa Center (NVC).  The foreign spouse must submit a comprehensive visa application called DS-260 with NVC, providing information about his or her background, family, education, work history, previous travel history, social media information, etc.  

Financial documents, such as income tax returns, to prove that the U.S. citizen can support the foreign spouse must also be submitted with the Form I-864, Affidavit of Support.  NVC processing has become lengthy and onerous in recent years.  Special care must be taken when preparing NVC documents.

Assuming NVC is satisfied with the documents, the case will then be forwarded to the American Embassy or Consulate where the foreign spouse is located.  As in the case of K-1, a visa interview will then be scheduled.  Only the foreign spouse needs to attend.  Questions will be asked about the couple's relationship.  An immigrant visa will be issued to the foreign spouse if he or she is found to be eligible to immigrate.  There are two types of immigrant visa, IR1 and CR1.  If the couple have been married for less than two years, then a CR1 visa will be issued.  CR1 is conditional for two years only; it means that after about two years, the couple must file another petition to remove the conditions.  Either way, the foreign spouse may then travel with the visa to the U.S. as a landing immigrant.  An actual green card will be mailed to the couple's address.

There is a variation of this method.  If the foreign national happens to be legally present in the U.S., he or she may be able to apply for a green card through Adjustment of Status directly without departing the U.S.

Conclusion

When it comes to applying for a marriage green card, there are different approaches.  Which way is more appropriate depends on the couple's particular situation and circumstances.  Immigration processing time has gotten longer due to the pandemic and staffing issues.  It is important to plan ahead of time to avoid unnecessary delays. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

USCIS Encourages EB Applicants to File I-485 in April

USCIS is encouraging employment-based visa applicants to apply for adjustment of status (I-485) pursuant to the April 2022 Visa Bulletin.  In April, India EB-2's filing date has advanced for one whole year, while it's final action date has advanced 8 weeks.   USCIS also announced that it will accept I-485 filings based on the Filing Date Chart.  These announcements are to implement USCIS' policy to try to use up all available employment-based visa numbers for the fiscal year.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

COVID Vaccinations Required for Green Card Applicants Starting 10/1/2021

Starting October 1st, 2021, applicants for U.S. permanent resident status ("green card") within the United States must show proof of their COVID-19 vaccinations. Some limited exceptions apply to this general requirement.  

A foreign national may apply for U.S. green card through the legal process of adjustment of status within the United States.  As part of the application process, the applicant must submit a medical examination report with their Form I-485, Applicant to Adjust Status.  This medical report, entitled "Report of Medical Examination and Vaccination Record" or Form I-693, must be prepared by a qualified civil surgeon under the guidelines of the CDC.  

Recently, the CDC provided updated guidance for civil surgeons related to COVID-19 vaccine requirements for individuals applying for adjustment of status. The guidance specifies that adjustment applicants who receive their medical exams on or after 10/1/2021 must provide proof of their COVID vaccinations, in addition to other existing required vaccinations.  

This change will only affect an applicant who completes Form I-693, Report of Medical Examination and Vaccination Record, on or after October 1, 2021. If Form I-693 is completed before October 1, 2021, the COVID-19 vaccine will not be required.

Under the revised CDC guidance, the Civil Surgeon must physically inspect and confirm the applicant's documentation that they have received all appropriate doses of the COVID-19 vaccine. Examples of such documentation includes a vaccination record card and a copy of the applicant's medical chart.  Self-reported claims of vaccinations without written documentation will not be accepted. The Civil Surgeon must complete the I-693 form and and document the COVID-19 formulation and the number of doses given.

The are several exceptions to this requirement including applicants (1) who are too young to receive the vaccine. (2) who have a valid medical reason not to receive the vaccine, (3) who do not have access to one of the approved COVID-19 vaccines in their countries.  An applicant may also apply for an individual waiver based on religious or moral convictions with USCIS.

Finally, CDC also clarifies that COVID vaccinations can now be given at any time, without regard to the timing of other vaccinations.  CDC has provided example timelines for the Pfizer-BioNTech, Moderna, and Janssen (Johnson & Johnson) COVID-19 vaccines.  It is unclear if other types of COVID vaccines will be accepted by USCIS at this point.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

USCIS Begins to Waive Interviews for Employment Green Card Cases

USCIS has started to approve employment-based green card applications without an in-person interview, according to our firm's case approvals and also anecdotalreports. This is a shift from the Trump Administration's interview policy that began on October 1, 2017. 

Before 2017, interviews were not normally required for employment-based adjustment of status applications. DHS started to require inteviews for employment-based and asylum-based applications pursuant to Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States," issued by former President Trump.

To be clear, USCIS has not made any formal announcement regarding any changes in interviewing policy.  Hence, applicants should not assume that they will not be required to attend interviews for their I-485 adjustment of status applications.  The quiet waiver of the interview requirement can be attributed to the ongoing efforts by USCIS to clear the backlogged cases. 

According to the Policy Manual of USCIS, immigration officers "may determine, on a case-by case-basis, that it is unnecessary to interview certain adjustment of status applicants." An officer must consider all relevant evidence in the applicant’s case file before making such a determination. 

For family-based petitions, the petitioner and principal beneficiary are normally required to attend an interview before an immigration officer.  However, if an applicant is clearly eligible for adjustment, USCIS may waive interviews for minor children of U.S. citizens, parents of U.S. citizens, and unmarried minor children under 14 years old of green card holders.  

For employment cases, there are no fixed guidelines for waiving interviews.  However, an interview will be scheduled in the following situations: 

• USCIS needs to confirm the identity of the applicant;
• USCIS needs to validate the applicant’s immigration status;
• The applicant entered the United States without inspection, or there are other unresolved issues regarding the applicant’s manner of entry;
• Any known criminal or national security issues;
• Any issues related to fraud;
• The applicant’s fingerprints have been rejected twice;
• The applicant has a Class A medical condition that the service center cannot resolve through a Request for Evidence (RFE);
• Issues relating to an applicant's eligibility for adjustment, which cannot be resolved through an RFE; or
• USCIS has not been able to obtain an applicant’s Alien-File, T-File, or receipt file (when the applicant has multiple files).

The recent development if interview waivers is sensible, given the large number of pending employment-based petitions.  USCIS may still schedule an interview in certain situations or for audting purposes. Applicants are reminded to continue maintaining their lawful status while waiting for an adjsutment interivew or a decision (if interview is waived).  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)