Garfinkel Immigration Law Firm

In a fact sheet released on October 24, 2011, the Department of State said that demand for U.S. visas is growing, and that the agency is “committed to increasing visa adjudications by one-third in FY 2012 in both China and Brazil, two countries where we have seen the greatest increase in visa demand.” During the past five years, visa issuances have increased 234 percent in Brazil, 124 percent in China, 51 percent in India, and 24 percent in Mexico. In fiscal year 2011, consular officers processed more than one million visas in China, an increase of more than 35 percent over last year.

At the busiest U.S. consular posts, officers may interview more than 100 visa applicants per day. Preliminary numbers indicate that consular officers processed more than 9.6 million visa applications in FY 2011. Of those, the Department issued more than 7.5 million U.S. visas, an increase of more than 17 percent over the previous fiscal year, during which 6.4 million visas were issued. During the past five years, visa issuances have increased 234 percent in Brazil, 124 percent in China, 51 percent in India, and 24 percent in Mexico. In fiscal year 2011, consular officers processed more than one million visas in China, an increase of more than 35 percent over last year.

The Department of State noted that according to Department of Commerce figures, 60 million visitors entered the United States in 2010, and 35 percent of those visitors entered using visas issued by the Department of State. International travel to the United States generated $134 billion in revenue and supported 1.1 million U.S. jobs in 2010, the Department of Commerce reported. The Department of Commerce estimated that the number of potential visitors to the United States will increase six to nine percent annually for the next five years, and could reach 88 million visitors by 2016.

The Department of State said it is adding 98 visa adjudicators this year and next in China and Brazil. A number of these new adjudicators are being hired through a pilot program that targets applicants who already speak Mandarin or Portuguese. The Department expects the first group of these special hires to arrive at posts in China and Brazil in spring 2012. A second group will follow in summer 2012.

U.S. Citizenship and Immigration Services (USCIS) announced on November 14, 2011, that it has accepted (approved or pending) 56,300 H-1B petitions subject to the 65,000 numerical limitation (cap) for fiscal year (FY) 2012. Up to 6,800 visas are set aside from the 65,000 cap during each fiscal year for the H-1B1 program under the terms of legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.

Also, the 20,000 cap for those with advanced U.S. degrees has been reached. By contrast, last year as of October 29, 2010, only 16,700 had been used.

The Alliance of Business Immigration Lawyers (ABIL) recommends that employers needing H-1B workers file quickly. Numbers could be gone within a few weeks. Once the numbers under the cap are gone, the next opportunity to file will be April 1, 2012, for work to begin October 1, 2012.

The Department of State has informed U.S. Citizenship and Immigration Services (USCIS) that all employment-based immigrant visas have been distributed for fiscal year 2011. Every fiscal year (October 1st – September 30th), at least 140,000 employment-based immigrant visas are made available to qualified applicants who seek to immigrate based on an offer of employment to the principal applicant. Applicants should note that USCIS will continue accepting adjustment of status applications based on the September visa bulletin through the entire month of September. Please visit www.uscis.gov for more information about employment-based immigration. To view the Department of State’s Visa Bulletin, please visit www.state.gov.

AILA Liaison received the following information via e-mail regarding the ability to schedule a waiver appointment for an immigrant visa in Mexico. The e-mail states:

Please be advised that as of January 10, 2011, the procedure to request a waiver appointment has changed. Applicants can make the appointment through the following website http://mexico.usvisa-info.com. They will need to log onto the website using their Passport Number, Date of Birth and Nationality. When prompted to select a Trip Purpose, they will need to choose “Immigrant IV Waiver” to schedule the appointment.

Alternatively, Applicants can schedule their waiver appointment by contacting the Visa Information Service at any of the numbers provided in the following link: http://www.usvisa-info.com/en-MX/selfservice/us_service_options.

We hope this information is useful in responding to your questions. For future reference, direct all inquiries through our online form at http://ciudadjuarez.usconsulate.gov/feedback-form.html. Inquiries sent by mail or fax will face significant delays in processing. Please note that unless you have been specifically requested to send additional information directly to this mailbox, your message will not be replied to.

Sincerely,

Consular Information Unit
U.S. Consulate General Ciudad Juarez, Mexico

Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently.     Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview.  The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview.   ASCs will be located in buildings separate from the U.S. Embassy and Consulates.

The new process will provide several advantages to applicants:

•    Total visa application costs will go down.  Applicants will no longer pay one fee to obtain information and schedule the appointment, another fee for the visa application, and a third fee for courier service.  Instead, they will pay only one application fee that will cover the appointment, application, and courier fees.  The current application fee will stay the same:  USD140 for a tourist application, USD150 for petition-based cases (including temporary worker visas), and USD390 for treaty-trader and investor visas.

•    Many applicants who are renewing their visas will no longer require an interview with a consular officer.  These applicants can simply visit the nearest ASC in order to submit application documents and provide fingerprints.  See the links below for more information on the Interview Waiver Program.

•    Because the collection of biometric information will take place at the ASC, applicants who are required to visit both the ASC and the consular section should spend less time at the consular section than they have had to in the past.

•    Applicants at the U.S. Consulates in Ciudad Juarez, Monterrey, and Nuevo Laredo will no longer pay a USD26 surcharge.

New Offsite Data Collection Service

How will the new process be different from the current process?

*New Visa Services begin on January 10, 2011

Appointment Call Center    Applicant pays USD 1.25 per minute to schedule appointment.

Application Cost    USD 140 for tourist visa, USD 150 petition-based visa    No Change

Application Payment    Banamex    Banamex, Scotiabank, or Credit Card

DS-160 Online Application    Application must be completed on-line in one session    Application progress can be saved over several on-line sessions

Interview Waiver Program

(IWP)    Not available    Many applicants who are renewing visas will not need to come to the Embassy or Consulate for an interview with a Consular Officer

*See below for qualification requirements

Appearing for your appointment    All Applicants

Appear at the Embassy to submit fingerprints, photo, application, and interview with a Consular Officer

Interview Waiver Program Participants

Day 1: Appear at the ASC to submit fingerprints, photo, application

Non-Interview Waiver Program Participants

Day 1: Appear at the ASC to submit fingerprints, photo, application

Day 2: Appear at the Embassy to interview with Consular Officer

Passport/Visa Delivery    Pegaso with additional delivery fee    DHL with no additional delivery fee

*Interview Waiver Program (IWP)
Some applicants who are renewing their visas will not need two appointments.  These applicants will only visit the ASC and will not need to visit the Embassy or Consulate. 
If you meet all of the requirements below, you may be qualified for the Interview Waiver Program:

•         You are applying with a Mexican passport;
•         You are applying in the same visa category;
•         Your visa is still valid or expired less than one year ago;
•         You have never been arrested or convicted of a crime;
•         You have never been deported from the United States, denied entry to the United States, or had any other problems or difficulties with U.S. Immigration or Customs authorities; and
•         You do not have dual citizenship or your second country of citizenship is a Visa Waiver Program member (see http://travel.state.gov/visa/temp/without/without_1990.html)

For IWP participants, the passport and application will be forwarded to the Embassy or Consulate for review by a consular officer.

Please note – the Embassy or Consulate reserves the right to call in any applicant for an interview.  If an applicant does require an interview, a representative from the U.S. Embassy or Consulate will contact the applicant to arrange a date and time to come to the Embassy to speak with the Consular Officer.