Category Archives: Path to legal status

DHS ANNOUNCEMENTS

Posted on by

On Nov. 08, 2023, The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. See here https://www.uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs-1.

On Nov. 16, 2023, the Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) published a temporary final rule making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024, on top of the statutory cap of 66,000 H-2B visas that are available each fiscal year. American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand from consumers. See https://www.uscis.gov/newsroom/news-releases/uscis-announces-availability-of-additional-h-2b-visas-for-fiscal-year-2024.

What do these announcements mean? They mean more opportunities for foreign workers to come to the United States for temporary agricultural and non-agricultural employment. If you are interested in participating in these programs, be sure to check the list of eligible countries and start the application process. This is a great opportunity for both employers and foreign workers to fill important roles and support various industries in the United States.

ADJUST STATUS IN THE UNITED STATES

Posted on by

By: Norka M. Schell, Esq.
Nov. 08, 2023

Once upon a time, in the land of endless possibilities, there was a young woman named Maria who dreamed of creating a new life for herself in the United States. She had heard stories of the American Dream, and opportunities. With determination in her heart, Maria set out on a journey that would change her life forever.

Maria arrived in the United States with a student visa, eager to pursue higher education. She studied diligently, excelling in her classes, and dreaming of the day when she could call America her home. However, as time went on, she faced a dilemma – her student visa was about to expire, and she could feel her dreams slipping away.

But Maria refused to give up. She started researching different ways to adjust her status and discovered the path of employment sponsorship. With renewed hope, she tirelessly searched for a job opportunity that would persuade an employer to sponsor her and help her stay in the country.

Days turned into weeks, and weeks into months, but Maria’s optimism never wavered. She revamped her resume, and reached out to various companies, and networked with professionals in her field. Her efforts soon paid off when she received an invitation for an interview with a prestigious company.

Dressed in her best suit and with a big smile on her face, Maria walked into the interview room, ready to leave a lasting impression. She confidently showcased her skills, shared her passion for the chosen field, and heightened her determination to contribute to the growth of the organization. The interviewers were captivated by Maria’s enthusiasm and drive, and within a few days, she received the coveted job offered.

With this job offer in hand, Maria began the processing of adjusting her status from nonimmigrant to immigrant. Though there were paperwork and legalities to navigate, Maria remained steadfast and optimistic. She sought the guidance of the immigration attorney Norka M. Schell who helped her to understand and navigate the intricacies of the adjustment of status process from non-immigrant to immigrant. With each completed form, and every document submitted, Maria felt closer to achieving her dreams.

Months rolled by, and Maria’s excitement turned to anticipation as she received news that her application for adjustment of status had been approved. She did a happy dance, joyous tears streaming down her face. Finally, her dream of calling America her home was becoming reality.

Maria’s story is just one example of countless individuals who immigration attorney Norka M. Schell helped to navigate the complex path of adjusting their status in the United States. It requires determination, resilience, and optimism in the face of uncertainty. But for those who dare to dream and believe, the American Dream can become a tangible reality.
The story of Maria reminds us that with the right mindset, any obstacle can be conquered, and dreams can be transformed into beautiful realities.

VISA BULLETIN NOVEMBER 2023

Posted on by

VISA BULLETIN NOVEMBER 2023

This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

1. Procedures for determining dates. ConsVISA BULLETIN NOVEMBER 2023ular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by October 3rd. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2. The fiscal year 2024 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa issuances will exceed the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

Click to access visabulletin_November2023.pdf

Biden Administration and Immigration in 2022

Posted on by

CNN — How many times has the Biden White House had an unresolved conflict between idealism and pragmatism on the issue of immigration? How many times has it hesitated to take action, opting instead for political messaging? The sad answer to both questions is: every time.

Most of the officials appointed by President Joe Biden to work on immigration have resigned in frustration, according to a bombshell report from The New York Times in April. “The White House has been divided by furious debates over how – and whether – to proceed in the face of a surge of migrants crossing the southwest border,” the report said.

Some wanted more openness to immigrants of all kinds. Others wanted a coherent set of rules to be applied to the millions of people at the border. And some others wanted a compromise with Republicans to create a new merit-based, green-card system. They all got nothing.

A new report from the Department of Homeland Security for August confirmed over 2 million border apprehensions and expulsions this year so far. Previously, the United States only experienced more than 1 1/2 million apprehensions a few times in its history: during the late 1990s and then in 2021. At the current pace, that record could be doubled by the end of this year. And next year, if no policies change, it could double again…

Open border chaos increases human trafficking and drug trafficking. It turns what should be a foreign policy strength into a national security weakness.

When we ponder what Biden should do to address the immigration mess at the border, the honest answer is: something, anything. Because the status quo of playing politics while seemingly ignoring policy is not only politically divisive, but it’s also missing a golden opportunity.

Biden should take advantage of his moment in history to boldly reform American refugee policy. He could, at the stroke of a pen, redefine how many refugees are allowed into the United States by taking advantage of the distinction our laws make between those granted temporary protection and those awarded permanent residency.

Editor’s Note: Tim Kane is the president of the American Lyceum and a visiting fellow at the Hoover Institution. His most recent book is “The Immigrant Superpower.” The views expressed in this commentary are his own. View more opinion on CNN.https://www.cnn.com/2022/10/05/opinions/immigration-policy-biden-administration-kane/index.html

Immigration Reform is Hard. But it’s Not Dead.

Posted on by

Democrats blocked from including immigration reform in the party-line spending bill. The Senate parliamentarian on Sunday rejected Democrats’ push to include a pathway to legal status in their social spending plan, a blow to the party’s efforts to enact immigration reform.

“Our economy depends more than ever on immigrants,” said Senate Majority Leader Chuck Schumer. “Despite putting their lives on the line during the pandemic and paying their fair share of taxes, they remain locked out of the federal assistance that served as a lifeline for so many families. We will continue fighting to pursue the best path forward to grant them the ability to obtain lawful status.” Schumer’s remarks were echoed by Senate Majority Whip Dick Durbin (D-Ill.) and Sen. Alex Padilla (D-Calif.).

A White House spokesperson reiterated that President Joe Biden “supports efforts by Congress to include a pathway to citizenship in the reconciliation package and is grateful to Congressional leadership for all of the work they are doing to make this a reality. ”

With bipartisan talks stalled, Democrats widely viewed the social spending package — set to advance through the so-called budget reconciliation process that allows Democrats to sidestep a filibuster — as their best chance to enact immigration reform. Congressional leaders have several alternative proposals and should immediately put them before the parliamentarian; hitting a roadblock the first time is nothing new in the push for immigration reform. The need for pathways to citizenship for Dreamers, TPS and DED recipients, farm workers and essential workers is still vital from both a moral perspective, and a pragmatic one: reforms will have a direct budget impact and would yield $1.5 trillion over ten years in economic growth. There is also a continued need to address visa backlogs and bring our immigration system into this century.

Democrats vowed to continue this battle for sensible immigration reform, urging Congressional members to update our immigration laws. Immigration reform is hard. But it’s not dead.