The Coronavirus' Impact on Travel and U.S. Visa Services

The sudden outbreak of the coronavirus has made it almost impossible to travel in and out of Wuhan, China, where it was first identified. Authorities announced a citywide lockdown, stopping air and rail travel in and out of Wuhan in an attempt to lower contagion. The U.S. embassy in China has issued a warning to not travel to Hubei province. Approximately 1,000 U.S. citizens have been caught in the middle of this situation, unable to leave the country.

U.S. diplomats were quick to arrange an evacuation for citizens in Wuhan. The U.S. government has arranged for a plane to transport U.S. consulate workers, American citizens, and their families from Wuhan back to the United States. The flight is scheduled for 1/28/2020 and will transport around 230 people from Wuhan Tianhe International Airport to San Francisco. The U.S. embassy urges any U.S. citizen holding a passport to contact them, though seating is very limited. There is no mention of whether any more flights will be arranged.

The American Consulate in Wuhan will be temporarily shut down. Anyone needing a visa to enter the U.S. should go to the other 4 other consulates in Chengdu, Guangzhou, Shanghai, and Shenyang, or the embassy in Beijing. Applicants for L1 and H1B visas may only apply at the U.S. consulates in Guangzhou, Shanghai, or U.S. Embassy in Beijing. Other consulates will not process their type of visa.

U.S. Consulate General in Hong Kong and Macau is also on alert. Hong Kong has 8 confirmed cases of the virus thus far and has declared the outbreak to be an emergency.  Both the Consulate General in Hong Kong and American Institute in Taiwan (AIT) issued warnings against traveling to Hubei province. 

In general, American visa services are expected to be negatively impacted by the Chinese epidemic. Processing time of applications will likely to be longer.  Travelers are advised to plan things accordingly if they must travel internationally. 

The spread of the deadly new coronavirus has proven to be rapid and fierce.  There are no vaccines for the virus, which has already spread to many countries including Thailand, Hong Kong, the United States, Taiwan, Australia, Macau, Singapore, Japan, South Korea, Malaysia, France, Canada, Vietnam, Nepal,  and Cambodia. Scientists and medical professionals are fighting day and night to stop the coronavirus from becoming a full-blown pandemic.  Until things get better, international travel will continue to be severely impacted. 

Conversion from EB-2 to EB-3 for Indian and Chinese applicants can reduce waiting time

Most people have heard about "converting" or "upgrading" from the third preference employment-based visa category (EB-3) to the second preference employment-based visa category (EB-2) for faster immigration. The reason is that, traditionally, the EB-2 category is a lot faster than the EB-3 category due to its higher requirements.  Generally speaking, an EB-2 applicant is required to possess an advanced degree while the his EB-3 counterpart only needs a bachelor's degree or two years of experience.  However, recently, for many Chinese applicants, the opposite is true -- they may actually be able to obtain permanent resident status faster by converting or "downgrading" to the EB-3 category.

The reason is that for the past six months, the cut-off dates for EB-3 China have actually been more recent than the EB-2 cut-off dates, and recent cut-off dates mean shorter waiting time. For example, in December 2013's Visa Bulletin, the cut-off date for EB-3 China is October 1, 2011 while the cut-off date for EB-2 China is November 8, 2008.   It means that, among Chinese-born visa applicants, advanced degree holders who have a pending EB-2 case must wait longer than the EB-3 applicants.  Although it doesn't seem to make sense, one must understand that visa number allocation is not based on logic but depends on demand and supply. Currently, demand for EB-2 visas among Chinese applicants is greater than demand for EB-3 visas.

For Chinese nationals who have pending EB-2 I-140 visa petitions, they actually have a way to speed up their application process by taking advantage of the more recent EB-3 cut-off dates.

Under the current USCIS policy, one is allowed to file more than one I-140 visa petition under different visa categories, provided that he or she meets the requirements for each category. Additionally, one is allowed to keep the priority date from an earlier case in subsequent I-140 petitions.  It means that once an applicant has an approved I-140 employment-based visa petition, he or she can use this priority date in future visa applications without having to wait in line again.

Although it is possible to convert from EB-2 to EB-3 visa category, the actual process can be tricky and complicated.  First and foremost, applicants must be careful that they don't do anything to jeopardize their approved EB-2 petitions.  There is no need to withdraw or revoke the previously-approved I-140 petitions in order to file a new petition. Applicants, working with their employers, must also ensure that they meet the requirements for the new visa category.  It is important to note that any new visa petition must be filed by an employer, and this employer can be the same employer as in the first petition or a new one.

There are other issues to consider when attempting to convert from the EB-2 to EB-3 visa category. For example, normally one must obtain a PERM labor certification from the Department of Labor (DOL) before filing an I-140 employment-based immigrant visa petition. The labor certification process is a lengthy one especially when there is an audit involved. Further, an approved labor certification is only valid for 180 days under the new labor regulation. One may use an approved labor certification to support a second visa petition within the 180-day validity period.  If this window is missed, one must request for an exception to this rule.  As part of the conversion process, one must also make sure that any pending I-485 adjustment of status application is correctly matched with the new visa petition.

In short, with careful planning and assistance of a competent immigration attorney, it is possible for Chinese applicants to convert from the EB-2 to EB-3 visa category to shorten the green card application process.

Updates:  The December 2014 and January 2015 once again provide new opportunities for qualified Chinese applicants to downgrade or convert their cases from EB-2 to EB-3 to take advantage of the advancement in EB-3 category. This happened again in 2017 (Ex., October and November 2017).  Our office has successfully helped Chinese applicants obtain their green cards faster through this "downgrading" process.  

Updates:  Downgrading from EB-2 to EB-3 will also benefit many Indian applicants pursuant to the recent October 2020 Visa Bulletin. 

BIA allows reopening of proceedings to apply for asylum based on changed country conditions

The BIA allows a Chinese national to reopen his removal case to apply for asylum and withholding of removal based on changed country conditions arising in the country of the alien’s nationality or the country to which removal has been ordered, without having first to rescind a prior in absentia order of removal.  Matter of J-G-,  26 I&N Dec. 161 (BIA 2013).  The respondent was ordered deported previously because he failed to show up for his removal hearing.  After analyzing the relevant statutes, regulations and  legislative history, the Board concluded that the respondent may file a motion to reopen his case to apply for asylum and withholding of removal if he can prove that the country conditions have changed, the changes are material and were not available and could not have been discovered or presented at the time of previous hearing.
Further, normally a respondent may only file one motion to reopen after the conclusion of a removal case.  The BIA also held that this numerical limitation on filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1) (2013) does not apply when the respondent is seeking reopening to apply for asylum and withholding of removal based on changed country conditions.  Here the Chinese respondent based his motion on his conversion to Catholicism and his assertion that there has been increased persecution of the underground Catholic Church in China. 

New Improved Application Process for U.S. Visas in China

A new visa application system will be implemented in China starting on March 16, 2013 to streamline and improve all aspects of the nonimmigrant visa application process for Chinese citizens.  Under this new system, visa applicants will only pay a single visa fee of USD$160 and no other additional costs.  Visa applicants will also be able to apply, make payments, make visa appointments, and check status online.  The new system is part of the U.S. Embassy’s plan to continually improve service to Chinese visa applicants.  More than 1.34 million nonimmigrant visa applicants were processed in 2012 in China, representing a 34% increase from 2011.  These include business visas (B1), tourist visas (B2), student visas (F-1), vocational study visas (M-1), exchange visitor visas (J-1), etc.   The main changes in the application process are summarized in the following table:

New Process for U.S. Visa Applications in China
	Before March 16, 2013	After March 16, 2013
Fees:	3 fees: 1) Appointment – 54 RMB or 36 RMB; 2) Visa processing fee – USD$160;  3) Postage – around 32 RMB	Only 1 fee: USD$160
Appointments:	Appointments can be made by phoning our new Call Center	Appointments can be made online by yourself or by phoning our new Call Center
Ways to Pay:	Payment of $160 can only be done at CITIC Bank	Three ways to pay – 1) Online – via debit or credit card 2) At any CITIC ATM through Union Pay 3) In cash at CITIC Bank
Questions:	Pay to inquire for visa information with the Call Center	Visa questions are answered for free when you phone the Call Center
Rescheduling Appointments:	If you have to cancel your appointment, you will need to pay for another appointment	No need to pay to make another appointment if the first one is missed; can reschedule for free.
Picking up Passports:	No way of tracking your passport after visa is issued	Applicant will receive e-mail notification when passport is ready for pick-up. Can also check online

As of February 14, 2013, the number of days for scheduling B1/B2 and F/M/J visa appointments are as follows:  5 days for Beijing, Guangzhou, Shanghai ad Shenyang; 11 days for Chengu.  

March 2013 Visa Bulletin: EB Advances for China, Remains Slow for India

The March 2013 Visa Bulletin recently released by the U.S. Department State brings little surprises.  On the employment side, India continues to have slow (EB-3) or no (EB-2) movement, as a result of persistent high usage of employment-based immigration visas by the USCIS.  This is consistent with the predictions made by office of Visa Control and Reporting Division at the State Department.   The State Department predicts that this situation will likely to last for a few more months. China, on the other hand, advances four (4) and nine (9) weeks in the EB-2 and EB-3 employment-based categories respectively. 

Most family-sponsored categories continue to move forward.  Significantly, the Philippines moves forward by seven (7) months to October 15, 1998 in the F-1 (unmarried adult children of U.S. citizen) category;  China, India, and the "Other Countries" advance six (6) weeks to March 1, 2005 in the F-2B visa category (unmarried adult children of U.S. lawful residents).  The State Department predicts that moderate forward movements will continue on the family side.  

Family	Other Countries	CHINA	INDIA	MEXICO	PHILIPPINES
F1	15FEB06	15FEB06	15FEB06	22JUL93	15OCT98
F2A	22NOV10	22NOV10	22NOV10	15NOV10	22NOV10
F2B	01MAR05	01MAR05	01MAR05	15JAN93	08JUN02
F3	15JUL02	15JUL02	15JUL02	15MAR93	15SEP92
F4	22APR01	22APR01	22APR01	15AUG96	15JUL89

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	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15FEB08	01SEP04	C	C
3rd	01MAY07	22JAN07	22NOV02	01MAY07	01SEP06
Other Workers	01MAY07	01JUL03	22NOV02	01MAY07	01SEP06
4th	C	C	C	C	C
5th	C	C	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)