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Guide to the Visa Bulletin and Retrogression Applying for a green card can be a long and difficult process. There can be long stretches of silence from the government, leaving an applicant wondering what is happening with their case and how much longer it will take. The State Department tries to provide answers to some of these questions by publishing a document showing everyone’s “place in line” for receiving a green card. That document is called the Visa Bulletin. What is the Visa Bulletin? The Visa Bulletin gives applicants an estimate for the expected timeline to obtain a Green Card. The Visa Bulletin is issued monthly by the State Department. Its main function is to show the availability for which green card applications can be filed and which of those can be moved forward for Green Card issuance. The Visa Bulletin exists to keep record of the green cards that can be issued yearly and to alert applicants when the cap limit is reached. The Visa Bulletin breaks down the green cards into category and country-specific caps (the country-specific caps are meant to maintain a diverse immigrant population). The Visa cap for third category employment-based visas (EB-3) is set to 40,000, and more specifically up to 10,000 visas may be used for EB-3 Unskilled. When there is an increase in demand for these visas without an increase in availability, a backlog typically occurs. Priority Dates Priority dates determine when your green card application can be filed and when your green card can be issued. For EB-3 applicants, the priority date is the date the Labor Certification document (Form 9089) was filed. Applicants should pay close attention to the Visa Bulletin for a clear understanding of their place in line when it comes to processing. You can think of the priority date as your place in line because it determines when your green card application can be filed and when your green card can be issued. If your priority date is not current for green card filing on the Visa Bulletin (meaning that your priority date is after the cutoff date), the employer can file the I-140 petition, but you will not yet be able to file your actual green card application. The dates you see on the Visa Bulletin are called cut-off dates. Your priority date must be before the cut-off date on the Visa Bulletin on the Date for Filing chart to file the I-485 application and before the Final Action Date to receive your green card. What is the difference between “Final Action Dates” and “Dates for Filing”? The “Final Action Dates” represent the dates when an immigrant visa number will be available for a foreign national with a current priority date. This date is crucial because it indicates when the foreign national’s Green Card can be issued. It is important to note that a Green Card cannot be issued unless the priority date is earlier than the Final Action date listed on the visa bulletin. In cases where USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants, the “Dates for Filing” chart will be used. The Dates for Filing indicate the earliest time when a foreign national can apply for their Green Card. How do I read the Visa Bulletin? To make it easier for foreign nationals to track their place in line, USCIS posts a shortened version of the visa bulletin on its website and clarifies which chart the foreign national should use. To find your current place in line for the visa bulletin, start by going to this USCIS page, Adjustment of Status Filing Charts from the Visa Bulletin | USCIS. You will see this: Look for “Employment-Based Preference Filings” and in the description it lists “Final Action Dates” or “Dates for Filing”. For February 2024, they are using “Dates for Filing”. Then click on USCIS February 2024 Adjustment of Status Filing Charts, once you click on that you will be taken to the visa bulletin. Please look at the Employment-Based chart; USCIS only lists two charts. One is for family-sponsored cases and the other is for employment-based. The EB3 unskilled category is “Other Workers” and for February 2024 we will look under “Dates for Filing for Employment-Based Adjustment of Status Applications.” These dates are called “Cutoff” dates; the cutoff date is December 15, 2020. This means that everyone who filed their LC on December 15, 2020, or before can file their I-485. We must wait until this date is current (shows your priority date) or has a “C” in that box. When it has a “C” that means “current.” For those who are Consular Processing, this means everyone who filed their LC on December 15, 2020, or before can start the process of becoming documentarily qualified. For example, for Adjustment of Status, if my priority date is 4/12/2022, then I must wait until “Other Workers” shows the date 04/12/2022 or has a “C” in that box to be able to file the I-485/Green Card application. On the other hand, for Consular Processing, if my priority date is 4/12/2022, then I must wait until “Other Workers” shows the date 04/12/2022 or has a “C” in that box to be able to become documentarily qualified and then wait for the embassy to schedule my visa interview. Retrogression If there are more Green Card applications than Green Cards legally available, the Visa Bulletin may experience retrogression, meaning that cut-off dates may move in reverse. This occurs as the government works to manage demand and processing to stay within the visa limit. Alpha Global’s Government Relations Team responds to Retrogression in several ways, which you can read about here. While Visa Retrogression may impact various cases, the goal is for the processing and issuance of Green Cards to catch up with demand so that the government can resume normal processing times and gradually bring the priority dates to current. How does this impact Adjustment of Status clients? This impacts Adjustment of Status clients by

Why EB3? Secondly, the EB based immigration programs are the most commonly used permanent migration programs in the US, other than family-based sponsorship. The US government established the EB3 program in 1990 when it passed the Immigration and Nationalization Act of 1990. Under the law, the government established 5 employment-based immigration categories. These are not non-immigrant, temporary visas, like the H visa-based categories. The employment-based visas are permanent, and they are designed to assist US businesses recruit or keep permanently foreign workers the businesses need to be successful. All EB visas include the applicants’ dependents– wife and dependent children. Finally, most of the allocation for EB-based visas are filled by EB2 and EB5 applicants. These visas are very straight forward and require limited effort as the sponsor requirements are simple: you either are highly skilled or you invest the required amount of money to obtain the visa. The other EB-based visas requirements require much more rigorous requirements of the employer sponsor. With regard to EB3, it is not easy for US employers to qualify to sponsor foreign immigrant workers. Primarily, the US Sponsor is required to demonstrate, through the Department of Labor, that the sponsor cannot find enough US workers to fill the job openings they have. This process is rigorous. Over time, it is difficult to prove a US worker labor shortage in a high unemployment environment. In other words, when unemployment in the US is high, there are sufficient US workers to fill most jobs. But, when US unemployment is low (like it is currently), then US employers generally have a difficult time finding workers. So, the potential for US employers to sponsor foreign immigrants under EB3 fluctuates based on the US unemployment rate. But, the biggest reasons why EB3 is used so infrequently is because the process of sponsoring a foreign immigrant under EB3 requires significant work and effort on the part of the employer sponsor and the process takes time. The average application can take approximately 18 months. This problem is compounded by the fact that the employer sponsor cannot be compensated for this effort. The only benefit the employer sponsor can receive is the foreign worker. Most employers are just not willing to put in the effort and time to sponsor foreign immigrants considering these obstacles.

Alpha Global EB-3 Unskilled Visa Employee FAQ PRE-HIRE FAQ’s 1. Do I need to contact my employer to notify them of approval of my Employment Authorization Document, I-140 petition, or I-485 Green Card? No. Alpha Global Biz serves as the point of contact for immigration issues and initial onboarding and we will notify your employer should any immigration-related approvals or actions occur. 2. Should I contact my employer with a shift preference prior to my onboarding / orientation? No. It is important to remember the employer is obligated to treat you as they would any U.S. worker. Therefore, our clients are expected to be available to work any shift needed concurrent with the employer needs at the time of hire. In most of these positions, U.S. workers could not request shift preferences and they have no obligation to grant you any shift(s) that you may request. However, Alpha Global Biz serves as your point of contact should you have questions about your work shift, and we can engage with the employer to determine whether they can meet your shift preference in extremely limited circumstances. 3. Who should I contact to assist me with starting work for my employer? Alpha Global Biz is your point of contact and acts as an intermediary until and beyond your date of hire. 4. When should I contact Alpha Global Biz? When your Employment Authorization Document (EAD) Card is approved, or you are issued verbal or written approval at your consular interview, you should contact our Welcome Services Director, John Cooper at John@Alpha Globalsolutions.com or Assistant Welcome Services Manager Davis Vergnolle at dvergnolle@Alpha Globalsolutions.com. You may always contact them prior to your approval for any employment or settlement related questions, but they will be most engaged with you during your period of moving and employer onboarding. Please do not make the mistake of moving or making any other related changes without first speaking with Welcome Services for their guidance. 5. Will I start work immediately after my Employment Authorization Document (EAD) Card is approved? Maybe. Once your EAD is approved, Alpha Global Biz will consult with both the employer and the associated legal team to determine whether, if and when you should begin employment immediately or await approval of the I-140 petition. Generally, we advise our clients to await I-140 approval before starting work, but this is assessed on a case-by-case basis. 6.What about my school / F1 or F2 status, if applicable? Before deciding whether to leave school or not, please consult with Isaiah Shelton at Alpha Global Biz. He can be reached at ishelton@Alpha Globalsolutions.com. He will then consult with your legal team(s) to determine whether it is an appropriate time for you to advise your school of your departure and begin your work. POST-HIRE 1. How long am I obligated to work? We generally advise clients to work at least one year for our partner employers. If you leave earlier than that year, then the employer may feel you did not intend to work for them but rather were seeking a quick Green Card. If they perceive you did not intend to work for them and were only seeking their employment for a Green Card, they have a right to report you to USCIS. 2. May I refuse to work a certain schedule or switch schedules?‍ No. U.S. employers for unskilled jobs must treat our clients as they would any U.S. worker. Employers, such as our partners, are generally employing candidates on a “at-will” basis, meaning they can terminate your employment at any time and for any reason, including insubordination, poor performance, and / or a refusal to work. Therefore, our partner employers have an absolute right to terminate your employment should you refuse to work a certain reasonable schedule. Alpha Global Welcome Services may help you make a request, but certainly not a demand, for a different schedule in certain limited circumstances. Any changes are always at the sole discretion of the employer. 3. How do I get health insurance and how much will it cost?‍ Some of our partner employers offer health insurance and others do not. Should your employer not offer health insurance, please feel free to purchase health insurance on the private market or through a family member. To determine whether your employer offers health insurance, please contact our Welcome Services Director John Cooper at John@Alpha Globalsolutions.com. Coverage, when available, will almost always be offered for purchase to include any legal dependents residing with you. 4. Am I able to switch locations?‍ Possibly but unlikely. Whether you can switch is at the sole discretion of the Employer in consultation with Alpha Global Biz. The ability to switch locations can only occur in limited, extreme circumstances based on the facts of your situation. Please discuss any desire to switch with our Welcome Services Director, John Cooper at John@Alpha Globalsolutions.com. 5. Will the other employees know my immigration status?‍ Alpha Global Biz does not disclose your immigration status to other employees, and we discourage our partner employers from disclosing your immigration status as well. However, it does happen, and other employees may become aware of your immigration status. Under both U.S. immigration and civil rights laws, immigrants such as yourself must be treated like U.S. workers. For more information, please find the “EEOC is the law” poster which should be posted in your workplace. If, at any time, your employer including any supervisor or co-worker is treating you differently, please report it to a supervisor or follow the reporting mechanism as outlined in your company policy. If you are uncomfortable reporting it to a supervisor or someone else, please contact our Welcome Services Director, John Cooper at John@Alpha Globalsolutions.com. 6. Will my schedule change?‍ Possibly. Some employers rotate schedules weekly while others do not. If your Sponsor is a restaurant or food service employer, you will likely be given a rotating schedule. 7. Can I work a second job?‍ Yes. While you may work another job, your number one

While Alpha Global Biz is committed to ensuring foreign nationals are placed with sponsors in need of labor, it cannot guarantee the issuance of a visa. Alpha Global Biz LLC is not a law firm and does not present itself as such. The hiring of any consultant, attorney, or employment placement agency is an important decision that should not be based solely on advertisement or word of mouth. The outcome of each case depends upon many factors, including the facts of the case, and no attorney, consultant, or entity can guarantee a positive result in any case. Therefore, Alpha Global Biz, LLC makes no guarantees, warranties, or predictions about the outcome of any visa application. Further, we make no representations that the quality of the legal work to be performed by law firms or attorneys we work with is better than the quality of legal work performed by other attorneys. Prior results by Alpha Global Biz and those law firms we work with do not guarantee a similar outcome. While many companies out there will promise or guarantee a visa, we do not, and we cannot. The immigration system is constantly changing and while we can help you navigate that system; we cannot guarantee a favorable outcome. Our results though speak for themselves and we have helped hundreds of people successfully navigate the immigration system and obtain permanent residency.

EB-3 Qualifications Qualifications for the EB-3 unskilled visa category are minimal. You only need to be eligible to apply for a green card and be willing and able to work a full-time job that the United States Department of Labor has classified as unskilled. Eligible to apply for a green card: Eligibility under EB-3 has only two components. First, you need to have an employer with a documented labor shortage who is willing to sponsor your green card. Alpha Global specializes in connecting foreign nationals to these employers. Second, you must not be disqualified from applying for a green card due to being inadmissible or having committed a serious crime. Unskilled job: The Department of Labor defines “unskilled” jobs as those that take less than two years of training or experience to perform. EB-3 applicants cannot be overqualified for an unskilled job.

While all immigrant visas are difficult to obtain given their limited numbers, some have less requirements than others. The EB-3 visa, in comparison to others, has less requirements. The United States makes approximately 140,000 employment-based immigrant visas available each fiscal year for aliens as well as their spouses and children who wish to immigrate to the United States based on their occupational skills. There are five employment-based immigrant visa categories: EB-1, EB-2, EB-3, EB-4, and EB-5. EB-4 is mostly for religious workers and EB-5 is for investors who invest close to one million dollars or more in the U.S. economy. EB-1 (First preference) category is for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. This preference category also includes outstanding professors or researchers as well as multinational executives and managers. These foreign nationals show an “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.” An award such as a Pulitzer, Oscar, Olympic Medal, Nobel Prize or similar award would typically prove extraordinary ability. The foreign national is compared to his or her peers, not to the population in general, in order to determine if he or she truly possesses extraordinary ability. This visa can also go to executives of major companies as well. However, this visa is notoriously difficult to obtain due to the lengthy requirements and extensive Requests for Evidence to demonstrate you are truly “extraordinary.” The second preference category is EB-2, which is for individuals who are members of a profession holding an advanced degree or its equivalent or have exceptional ability in the sciences, arts, or business. An individual may obtain permanent residency without labor certification with a national interest waiver. To obtain this visa, an applicant must have exceptional ability and their employment in the United States would significantly benefit the national economy, cultural, or educational interests or welfare of the United States. A foreign professional holding an advanced degree may also be able to obtain an EB-2 visa, but like the EB-1, the requirements and proof are fairly strict and difficult to prove. The third preference category is EB-3, which is for individuals who are skilled workers, professionals, or other workers. The eligibility requirements for third preference classification are less stringent than for first and second preference classifications. As part of the application process, the foreign national’s intended employer must be able to demonstrate an ability to pay the offered wage as of the visa priority date. The employer may demonstrate its ability to pay the offered age by annual reports, federal income tax returns, or audited financial statements. EB-3 is split into Skilled and unskilled. The Skilled category requires individuals with more than 2 years experience but the Other worker (unskilled) category requires less than 2 years of higher education, training, or experience. The foreign national must be capable, at the time the petition is filed, of performing unskilled labor that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. To learn more about the EB3 Unskilled Visa program with Alpha Global Biz, create a free account here.

So, when is the best time to start my application with Alpha Global Biz? Before you start you should ask yourself the most important question: Do I have the ability to afford the costs of the process? If yes, let’s move to the next few questions. Are you doing this process through Consular Processing (outside the United States) or Adjustment of Status (inside the United States)? If you are adjusting your status in the United States, there is pressure to start this process as soon as you can, because you must be maintaining your status until you get your I-140 approved and EAD card in hand. Here are a few pointers if you are adjusting your status: If you are on OPT: Do not wait to start your process. Your OPT will eventually expire, and if you don’t get to the EAD approval step of the EB3 process by expiration, we have seen many clients have to get new I-20s just to maintain their status for a longer period of time. If you have one year remaining before your estimated graduation date, this is another good time to apply. If all goes well, you may not even need to apply for OPT because you could already have your EAD through this EB3 process. If you are about to graduate, you should still not hesitate to start your application, but be prepared to maintain your status after graduation. Most of our clients do this via post completion OPT or getting a new I-20 and starting another program. If you have recently entered the US and discovered this program, you are still eligible to apply. You must have been physically present in the US for at least 90 days in order for us to accept your application. You can apply at any time as long as you are in status. If you are consular processing outside the United States, there is no rush to get started. You should start your process once you are financially and mentally ready to do so. To learn more about our process, you can watch our informational videos here.

The EB3 Visa is often associated with immigration agencies and consultants, but can you do it alone? Technically yes, but practically no. To be eligible for the EB3 Unskilled Visa, you don’t need any particular degree requirements or job experience, but that doesn’t make this a simple or easy process to go through alone. There are three elements of this process that you will need to consider: the legal side, the employment side, and the expertise. You will need an immigration attorney to guide you through the EB3 Visa process. Your employer will need to file various applications on your behalf and keep your case on track. In most situations in which an individual is filing an application to immigrate to the United States they will need an immigration attorney. The second important element to this visa type is the employment part. Not only will you need an employer who is willing to sponsor you for a Green Card, but the employer must qualify and go through a process in order to be eligible to sponsor an individual for this process (and it is not a simple process). Could you find an employer on your own? Possibly, yes. But, to give your case the best chance at success, you should go with an agency, such as Alpha Global Biz, who will find you an employer, vet the employer, help the employer determine their eligibility, guide them through the qualification process, and then assist you with the onboarding with that employer. Alpha Global Biz does not end up working with every employer who is interested in the program, because not every interested employer will be a good fit for this program. Not to mention, there could be various legal requests, audits, and more, that will require coordination and expertise in order to move forward successfully. Alpha Global Biz is an EB3 Unskilled Visa agency that has a great deal of expertise and respect in this industry. Our team has years of experience so we can understand how to best approach a number of scenarios or issues that may arise in your case. We will find the employer, we’ll assist the employer find an immigration attorney, we will provide the expertise, we will help you move and start work for your employer, and we will be here to guide and support you throughout this entire process. Our company also advocates for our clients with political leaders to truly give each client their best chance at success. To chat directly with our team, create a free account here.