2012 Diversity Visa Lottery

The U.S. Department of State’s 2012 Diversity Visa Lottery online registration process begins at 12:00 p.m., Eastern on Tuesday, October 5, 2010.  It will be available until 12:00 p.m., Eastern on Wednesday, November 3, 2010.  Paper entries will not be accepted; applications must be submitted electronically. The electronic entry form is available at: www.dvlottery.state.gov.

The Department of State’s Diversity Immigrant Visa Program provides 50,000 diversity visas every year.  These visas are selected through a lottery system from entries by persons who meet stipulated eligibility requirements from countries with lower levels of immigration to the United States. Diversity visa applicants must have at least a high school education or two years of work experience in an occupation requiring at least two years of training or experience.  In the latter case, the experience must have been gained within the past five years.

Diversity Visa lottery winners will be notified through the Entry Status Check at: http://www.dvlottery.state.gov. It should be noted that those selected in the random drawing are not notified by email.  Those selected through the lottery system will receive further instructions, including information on fees for immigration to the United States.

It is best to apply early in the process, as there tends to be heavy demand for the Diversity Visa Lottery.  Applying early helps to avoid delays in processing due to high demand.  For further information, please contact us at: info@grahamadair.com.

UNITED STATES – U.S. Department of State Issues August 2010 Visa Bulletin

The U.S. Department of State has issued the August 2010 Visa Bulletin.  There has been some solid forward movement in a number of categories, while other categories crept forward only slightly.  The good news is that everything is currently moving in the direction of less retrogression.

The first preference category (EB-1) remains current for all countries.

The second preference category (EB-2) remains current for all countries, except for India and China.  EB-2 India moved from October 1, 2005 to March 1, 2006, a positive change of five months.  EB-2 China also advanced several months from November 22, 2005 to March 1, 2006, a change of more than three months.  Because these categories moved more than one month, it signifies a slight erosion of immigrant visa retrogression.

In July, the EB-3 category for Dominican Republic, Philippines, and All Chargeability Areas Except Those Listed had an effective date of August 15, 2003.   These categories moved an impressive nine and a half months to June 1, 2004.

EB-3 India and EB-3 China were equally disappointing.  Each only moved a month and one week, which is barely ahead of month-to-month improvement.  EB-3 India moved from November 22, 2001 to January 1, 2002, and EB-3 China moved from August 15, 2003 to September 22, 2003.

EB-3 Mexico is the only category that did not move, as it currently remains “unavailable.”

UNITED STATES – U.S. Department of State Raises Visa Application Fees

Starting on June 4, 2010, U.S. visa application fees are scheduled to increase.  Instead of the current flat fee of $131 that was established on January 1, 2008, a new tiered structure is set to be implemented and will mandate varying fee amounts based on the visa type.   The new fee schedule will be as follows:

$140 – Non Petition-Based Visas

  • B-1/B-2 Visas for Tourists and Business Visitors
  • J Visas for Exchange Visitors
  • F Visas for Academic Students
  • M Visas for Vocational Students

$150 – Petition-Based Visas

  • H-1B Visas for Specialty Occupation Workers
  • H-3 Visas for Trainees
  • L Visas for Intracompany Transferees
  • O Visas for Extraordinary Ability Workers
  • P Visas for Athletes, Artists and Entertainers
  • Q Visas for International Cultural Exchange Visitors
  • R Visas for Religious Workers

$350 – K Visas for Fiancé(e)s of U.S. Citizens

$390 – E Visas for Temporary Workers, Treaty Traders and Treaty Investors

After conducting an analysis of its cost in processing visa applications, the U.S. Department of State (DOS) determined that it was not covering its costs.  The average cost per visa application averaged out to approximately $136.93, which is nearly $6.00 more than the current visa application fee of $131.  Furthermore, the fee analysis detected higher costs for certain types of visa applications, which is why the tiered fee schedule is being implemented.

The reason given for the difference between non petition-based visas and petition-based visas is that the unit cost for petition-based cases is higher.  This is due to the costs of receiving petition information from the U.S. Department of Homeland Security (DHS), conducting reviews of government and commercial databases to confirm the existence of the petitioning employer, and entering that data into the Petition Information Management Service (PIMS) database.

The DOS has asserted that K visa applications for fiancé(e)s of U.S. Citizens and E visa applications for Treaty Traders and Treaty Investors are significantly higher because adjudicating them requires a review of extensive documentation and a more in-depth interview of applicants than other types of visa applications.  It is interesting that in discussing its rationale for the higher $390 fee for E-3 workers from Australia, the DOS has said that E-3 visa applications require the consular adjudicator to both determine whether the employment falls under the E-3 program and assess the eligibility of the applicant.  This assessment is very similar to what consular adjudicators must do for Blanket L visa applicants, yet these individuals apparently fall under the lower $150 tier.

Visa applications for Trade Nafta (TN) professionals from Mexico do not seem to be contemplated in the interim final rule provided in the Federal Register.  However, under the rationale described above for the higher fee on petition-based visa applications, it would be logical for an initial visa application to fall under the lower $140 fee since the consular post does not receive information from DHS, nor is PIMS implicated.  However, under the rationale given for the higher E-3 fee, TN visa applicants could also be placed at the highest $390 tier.  It remains to be seen how the DOS will treat TN visa applicants.

Along with the publication of the interim final rule in the Federal Register, DOS will also re-open public comments for an additional 60 days. At the conclusion of that period, DOS will consider public comments and publish a final rule.

UNITED STATES – U.S. Department of State Issues June 2010 Visa Bulletin

The U.S. Department of State has issued the June 2010 Visa Bulletin.  The news is mixed with some categories continuing to move in the direction of less retrogression, some categories remaining stagnant, and other categories actually backsliding.  Furthermore, any progress in immigrant visa availability is tempered by very modest gains.

Perhaps the most interesting news for the June 2010 Visa Bulletin is the addition of the Dominican Republic category.  While all countries receive a specific number of annual immigrant visas, only those countries exceeding their annual allotment, and thus becoming “oversubscribed,” are listed separately from the “All Chargeability Areas Except Those Listed” countries.  This signifies greater demand from the Dominican Republic.

The first preference category (EB-1) remains current for all countries.

The second preference category (EB-2) remains current for all countries, except for India and China.  For the fourth month in a row, EB-2 India did not move at all.  It stayed put at February 1, 2005.  This is troubling because no movement actually indicates greater retrogression.  To maintain steady retrogression levels, each category would need to move forward thirty days from one month to the next.  So when a category moves forward less than thirty days, this actually signifies an increase in immigrant visa retrogression.

EB-2 China moved forward by two months, from September 22, 2005 to November 22, 2005.  This movement is very similar to the movement we have seen over the past few months.  While the general direction of the movement is beneficial, it is certainly not significant.  Indeed, the movement has only been slightly better than month-to-month. 

The EB-3 category experienced similar modest gains.  For the “All Chargeability Areas Except Those Listed,” China, and the Philippines, retrogression was cut back by two months, from April 22, 2003 to June 22, 2003.  The Dominican Republic is also set at June 22, 2003.  Aside from EB-3 Mexico, which recently became “unavailable,” EB-3 India continues to be the most oversubscribed category, and moved only twenty-two days, from October 1, 2001 to October 22, 2001.

The April 2010 Visa Bulletin can be viewed at:  http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.

State Department Releases April 2010 Visa Bulletin

The U.S. Department of State has issued the April 2010 Visa Bulletin.  The good news is that the numbers show immigrant visa retrogression going in the right direction.  But this good news is tempered by the modest gains.

The first preference category (EB-1) remains current for all countries.

The second preference category (EB-2) remains current for all countries, except for India and China.  EB-2 India did not move at all.  It stayed put at February 1, 2005.  This is troubling because we had been seeing slow-but-steady positive movement in this category.  While the unchanged date only signifies a 1-month retreat, it ends the steady positive advancement.

EB-2 China moved forward by one and a half months, from July 8, 2005 to August 22, 2005.  This movement is very similar to the movement we have seen over the past few months.  While the general direction of the movement is beneficial, it is certainly not significantly helpful.  Indeed, the movement has only been slightly better than month-to-month.

The EB-3 category experienced similar modest gains.  For the “All Chargeability Areas Except Those Listed,” China, and the Philippines, retrogression was cut back by one and a half months, from December 15, 2002 to February 1, 2003.  EB-3 India did the best this month, moving more than 2 months, from July 1, 2001 to September 8, 2001.  For the second straight month, EB-3 Mexico remained unchanged at July 1, 2002.

U.S. Department of State Issues March Visa Bulletin

The U.S. Department of State has issued the March Visa Bulletin very early this month.  The good news is that the numbers show immigrant visa retrogression going in the right direction.  But this good news is tempered by the modest gains.

The first preference category (EB-1) remains current for all countries.  The second preference category (EB-2) remains current for all countries, except for India and China.  EB-2 India moved forward one week, from January 22, 2005 to February 1, 2005.  EB-2 China moved forward by one and a half months, from May 22, 2005 to July 8, 2005.

The EB-3 category experienced similar modest gains.  For the “All Chargeability Areas Except Those Listed,” China, and the Philippines, there was nearly a 3-month move, from September 22, 2002 to December 15, 2002.  EB-3 India moved one week, from June 22, 2001 to July 1, 2001.  EB-3 Mexico remain unchanged at July 1, 2002.

State Department Releases February 2010 Visa Bulletin

The U.S. Department of State has released the February 2010 Visa Bulletin.  The monthly visa bulletin is a mathematical projection of immigrant visa availability for the coming month, based on recent data related to the number of immigrant visa applications.  In February, priority date cutoffs for the EB-2 China category will advance modestly, with the new date of May 22, 2005. In the EB-3 preference category, cutoff dates will advance approximately seven weeks for China and Worldwide (September 22, 2002), but will not advance for India or Mexico.

All other categories will remain unchanged from the current January 2010 bulletin.  As expected, the EB-1 preference category remains current for all countries.

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