Archive

Posts Tagged ‘employment based green card’

USCIS Updates Policy Pertaining to Adjustment of Status Adjudications

November 19, 2020 Leave a comment

On November 17, 2020, the U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance regarding discretionary factors to consider when making a decision pertaining to adjustment of status applications. In adjustment cases, the applicants have the burden of demonstrating eligibility, including that a favorable exercise of discretion by USCIS is warranted.

If an applicant otherwise establishes eligibility and USCIS finds the positive discretionary factors in a particular case outweigh the negative factors, the officer should exercise favorable discretion and approve the adjustment application. Conversely, if the negative factors outweigh the positive factors an exercise of discretion to deny is appropriate.

USCIS considers the totality of the circumstances, which may include factors such as an applicant’s conduct, character, family or other lawful ties to the United States, immigration status and history, or any other humanitarian concerns, to determine whether the applicant warrants a favorable exercise of discretion.

The Nov 17 2020 guidance consolidates existing guidance on the privileges, rights, and responsibilities of lawful permanent residents and it the updated guidance provides a list of factors and factual circumstances for adjustment of status that officer consider when undertaking discretionary analysis.  For example, in employment-based adjustment cases – the officers could look at following (the list is not exhaustive):

  • Positive Factor: Employment history, including type, length, and stability of the employment.
  • Positive Factor: Education, specialized skills, and training obtained from an educational institution in the United States relevant to current or prospective employment and earning potential in the United States.
  • Negative Factor: History of unemployment or underemployment
  • Negative Factor: Unauthorized employment in the United States
  • Negative Factor: Employment or income from illegal activity or sources, including, but not limited to, income gained illegally from drug sales, illegal gambling, prostitution, or alien smuggling.

In family-based adjustment cases – the officers could look at following (the list is not exhaustive):

  • Positive Factor: Family ties to the United States and the closeness of the underlying relationships.
  • Positive Factor: Hardship to the applicant or close relatives if the adjustment application is denied.
  • Positive Factor: Length of lawful residence in the United States, status held and conduct during that residence, particularly if the applicant began his or her residency at a young age.
  • Negative Factor: Absence of close family, community, and residence ties

August 2020 Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

July 21, 2020 Leave a comment
Employment-
based
All Countries 
Except
Those Listed
in the Table
CHINA-
mainland
born
El-Salvador
Guatemala
Honduras
India
Mexico
Philippines
Vietnam
1st
C
08FEB18
C
08FEB18
C
C
C
2nd
C
15JAN16
C
08JUL09
C
C
C
3rd
01APR19
15FEB17
01APR19
01OCT09
01APR19
01APR19
01APR19
Other
Workers
01APR19
01AUG08
01APR19
01OCT09
01APR19
01APR19
01APR19
4th
C
C
01APR17
C
15JUN18
C
C
Certain Religious
Workers
C
C
01APR17
C
15JUN18
C
C
5th Non-Regional
Center
(C5 and T5)
C
08AUG15
C
C
C
C
22JUL17
5th Regional
 Center
(I5 and R5)
C
08AUG15
C
C
C
C
22JUL17

July 2020 Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

July 20, 2020 Leave a comment
Employment-
Based
All Countries
Areas Except
Those Listed
CHINA-
mainland
Born
El-Salvador
Guatemala
Honduras
India
Mexico
Philippines
Vietnam
1st
C
22AUG17
C
08MAY17
C
C
C
2nd
C
08NOV15
C
08JUL09
C
C
C
3rd
15APR18
22JUN16
15APR18
01JUN09
15APR18
15APR18
15APR18
Other
Workers
15APR18
22JUL08
15APR18
01JUN09
15APR18
15APR18
15APR18
4th
C
C
01FEB17
C
15JUN18
C
C
Certain
Religious
Workers
C
C
01FEB17
C
15JUN18
C
C
5th
Non-Regional
Center
(C5 and T5)
C
22JUL15
C
C
C
C
15MAY17
5th
Regional
Center
(I5 and R5)
C
22JUL15
C
C
C
C
15MAY17

October 2019 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

September 26, 2019 Leave a comment

For Employment-Based Preference Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2019.

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA
MEXICO 
PHILIPPINES 
1st
01JUL19
01SEP17
01JUL19
15MAR17
01JUL19
01JUL19
2nd
C
01AUG16
C
01JUL09
C
C
3rd
C
01MAR17
C
01FEB10
C
C
Other Workers
C
01AUG08
C
01FEB10
C
C
4th
C
C
15AUG16
C
C
C
Certain Religious Workers
C
C
15AUG16
C
C
C
5th Non-Regional Center
(C5 and T5)
C
01JAN15
C
C
C
C
5th Regional Center
(I5 and R5)
C
01JAN15
C
C
C
C

August 2019 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

July 17, 2019 Leave a comment

For Employment-Based Preference Filings:
You must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2019.

Employment- Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
El Salvador
Guatemala
Honduras
INDIA
MEXICO
PHILIP
PINES
VIETNAM
1st
01JUL16
01JUL16
01JUL16
01JAN15
01JUL16
01JUL16
01JUL16
2nd
01JAN17
01JAN17
01JAN17
02MAY09
01JAN17
01JAN17
01JAN17
3rd
01JUL16
01JUL16
01JUL16
01JAN06
01JUL16
01JUL16
01JUL16
Other Workers
01JUL16
22NOV07
01JUL16
01JAN06
01JUL16
01JUL16
01JUL16
4th
C
C
01JUL16
C
01JUL16
C
C
Certain Religious Workers
C
C
01JUL16
C
01JUL16
C
C
5th
Non-Regional
Center
(C5 and T5)
C
15OCT14
C
15OCT14
C
C
15OCT14

February 2019 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

January 18, 2019 Leave a comment

For Employment-Based Preference Filings:
You must use the Final Action Dates chart in the Department of State Visa Bulletin for February 2019.

Employment- Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
El SALVADOR
GUATEMALA
HONDURAS
INDIA
MEXICO
PHILIPPINES
VIETNAM
1st
01DEC17
08FEB17
01DEC17
08FEB17
01DEC17
01DEC17
01DEC17
2nd
C
01OCT15
C
06APR09
C
C
C
3rd
C
01JUL15
C
22APR09
C
01AUG17
C
Other Workers
C
01AUG07
C
22APR09
C
01AUG17
C
4th
C
C
01MAR16
C
01SEP17
C
C
Certain Religious Workers
U
U
U
U
U
U
U
5th
Non-Regional
Center
(C5 and T5)
C
01SEP14
C
C
C
C
15JUN16
5th
Regional
Center
(I5 and R5)
U
U
U
U
U
U
U

December 2018 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

November 14, 2018 Leave a comment
Employment- Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
El SALVADOR
GUATEMALA
HONDURAS
INDIA
MEXICO
PHILIPPINES
1st
01JUN18
01OCT17
01JUN18
01OCT17
01JUN18
01JUN18
2nd
C
08SEP15
C
22MAY09
C
C
3rd
C
01DEC15
C
01JAN10
C
01AUG17
Other Workers
C
01JUN08
C
01JAN10
C
01AUG17
4th
C
C
01MAY16
C
C
C
Certain Religious Workers
C
C
01MAY16
C
C
C
5th
Non-Regional
Center
(C5 and T5)
C
01OCT14
C
C
C
C
5th
Regional
Center
(I5 and R5)
C
01OCT14
C
C
C
C

November 2018 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

October 12, 2018 Leave a comment
Employment- Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
El SALVADOR
GUATEMALA
HONDURAS
INDIA
MEXICO
PHILIPPINES
1st
01JUN18
01OCT17
01JUN18
01OCT17
01JUN18
01JUN18
2nd
C
15JUN15
C
22MAY09
C
C
3rd
C
08AUG15
C
01OCT09
C
01JUL17
Other Workers
C
01JUN08
C
01OCT09
C
01JUL17
4th
C
C
01MAY16
C
C
C
Certain Religious Workers
C
C
01MAY16
C
C
C
5th
Non-Regional
Center
(C5 and T5)
C
01OCT14
C
C
C
C
5th
Regional
Center
(I5 and R5)
C
01OCT14
C
C
C
C
%d bloggers like this: