Five Things That You Never Expect On March 6 Visa Bulletin | March 6 Visa Bulletin

The March Visa Bulletin shows some rather strong movement from the tentative Final Action Date in the EB-C category for people born in China (PRC) and India. That would indicate that a large number of people eligible for the benefits of the final step will have a difficult time getting them. However, the current proposed Final Action Date for the EB-C designation is still only likely to be published once the April timeframe begins. So, if you are a Chinese or an Indian national, what does your business look like during the extended period between now and then? That is the question that the March Visa Bulletin provides the answer to.

What do we mean by the extended period of time between now and the date of the proposed revised final action date? Since it has been proposed in March, it means that there will be at least six months between the issuance of the original invitation to apply for the green card program as well as the issuance of the final green card approval decision. If there is a significant number of applicants who are unable to submit their completed green card application forms by this extended period, then it is expected that the number of approvals will end up being lower than usual. This is because the number of qualified applicants is relatively small compared with those who qualified on the first try. So, the green card specialists and the consular offices will have to take the necessary steps to boost the number of approved applications.

Now, let us look at the details provided in the March Visa Bulletin. The proposed final action dates are shown as February 23rd through march 25th. This is after the statutory grace period expires. The proposed regulations and accompanying conditions are also provided in separate sections. The sections provide additional details on how the consular officers and specialists will check the submitted documents for possible violations of United States immigration laws. They are also reminded to update the names of the visa applicant and any other interested party so that they can be checked properly.

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There is also a proposed change in regulation no. 1130(b) which is referred to as the revised definition of the working periods of a principal applicant. According to the revised definition, a principal applicant whose status applications have been approved may not work in the United States during the period of approval of the status applications if the principal applicant is not the spouse of another individual who is the dependent spouse of that person or a U.S. citizen who is the immediate family member. The new regulation also indicates that an alien spouse or child of a principal applicant who is the dependent spouse of another individual must be permitted to work in United States if the spouse is not present in the United States when the worker acquired the status.

In light of the proposed amendments to the immigration law by the United States government, spouses of U.S. green card applicants could face difficulties in obtaining green card status. If married to an alien eligible to obtain a green card, the spouses shall not be denied the right to reside in the United States under the visa bulletin. The proposed amendment to the immigration law could also have a significant impact on family-based categories of permanent residence. Currently, the proposed rule would deny a qualified family-based applicant the right to apply for a green card based on the fact that his or her dependent spouse is not present in the United States. Currently, only spouses are subject to the denied-green-card status if they are not eligible for a visa because of the dependent rule.

The United States Departments of State, Homeland Security, and Defense are currently undergoing a comprehensive review of the Immigration Laws of United States. The current version of the Immigration Laws of the United States allows the spouses of green card applicants to be eligible for employment in United States, provided that such spouses present valid work visa documentation. Proposed amendments to the Immigration Laws would change the existing ban on employment-based green card for spouses of aliens eligible for relief under the immigration adjustment programs as defined by section 11igr0 of the Law. The revised provisions of the final action chart would allow the spouses of green card applicants to apply for employment in United States as long as they can demonstrate the intention to return to the United States after having received the approved visa. Under the final action chart, the spouses would have to meet the following requirements: be a dependent of a United States citizen; have a similar status to that of their spouse present in United States; have a leave to enter the United States approved asylevization, or parole, deportation or adjustment allowance approved by the principal applicant.

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The proposed regulations would still allow spouses of aliens who are inadmissible under the Visa Bureau's numerical limits, subject to the fact that they do not meet the specified employment or family members requirements. Other important proposal of the March 21st action plan is to allow immediate relatives of United States citizens or lawful Permanent Residents to apply for an immigrant visa. Consistent with the current law, the proposed amendment would increase the deadline for filing of an application for immigrant visas for the spouses of United States citizens or immediate relatives who are citizen or have citizenship in other countries. This would apply to spouses of foreign students who are studying in United States colleges or universities. For spouses of United Kingdom citizens or residents who are in receipt of pension, social security or any similar benefit from any of the countries listed above, the deadline for application will be applicable.

The revised regulations and final action charts are included in a related departmental order of the USCIS. The order is titled “annexing and incorporating actions in the final rule relating to the laborious matters delegated or required by section 11igr0 of the Law.” Although the proposed regulations and final action charts were included in an order, the revised regulation has been included in a separate and standalone Act.

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