On September 9, 2015, the Department of State published a visa
bulletin confirming that as of October 1, new procedures would
allow some foreign nationals to file green card applications
several years earlier than expected. Green card applicants
with pending applications are eligible for additional benefits,
including temporary employment authorization and international
travel permission, so this announcement was celebrated by
many. Just over two weeks later and mere days before the
October 1 filing window was set to open, however, the Department of
State published a revised bulletin drastically changing the filing
timeline for some categories and dashing the hopes of many foreign
nationals who believed they were one step closer to permanent
residence.
The backlash was significant and immediate, and national
organizations such as the American Immigration Lawyers Association
and various advocacy groups are calling on the Department of State
and Department of Homeland Security to restore the original visa
bulletin. A class action complaint has also been filed.
This is not the first time the Department of State has been under
fire for sudden visa bulletin revisions. In 2007, an
announcement that certain foreign nationals in employment-based
categories could immediately file their green card applications was
followed a few days later by news that no green card applications
would be accepted for the remainder of the fiscal year. U.S.
Citizenship and Immigration Services ultimately agreed to honor the
original visa bulletin for a short window, and many are hoping for
a similar outcome in connection with the latest visa bulletin
revision.
Regardless of how this latest issue is resolved, it is important
to note that the new procedures relate to green card
filing eligibility only, and the timeline
for green card approval will not be
directly affected. The Immigration and Nationality Act
establishes a limit on the number of green cards that can be issued
each year, and as there are far more intending immigrants than
there are green cards available, the backlogs for green card
approval in most categories will continue to persist under the
current system. By allowing foreign nationals to file
applications earlier, however, the Department of State expects it
can better predict the demand for green cards based on the number
of applicants with pending applications, which should result in a
more streamlined process overall. As noted previously,
foreign nationals stuck in the green card backlog can obtain
employment authorization and travel permission once their green
card applications are filed, even though
their wait for green card approval may
still last several years. Employers with foreign national
employees should consult with their immigration counsel to consider
how these new procedures and developments will affect overall
employment eligibility and sponsorship strategy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
