To use the Entrant Status Check (ESC) Web site, you need to have your Submission Confirmation ready. The confirmation page was displayed when you successfully submitted your Diversity Visa (DV) lottery entry. More specifically, it contained your Entrant Confirmation Number, Last/Family Name (or blank if none), and Year of Birth. You must have this information in order to log into the website and check the status of your entry.

Your confirmation number should be 16 characters long, and start with 2011. For example: 20112O0DZWY3DOV9. Be sure to differentiate the letter O and number 0 (zero) when you enter it.

If the information you entered matches DOS record, you will be presented with an Authentication Code. Enter this code in the text field and click Submit. If you cannot recognize all characters, you may click the speaker symbol and hear an audio clip of the code, or refresh it to try a new one. Your status will be displayed after the authorization step.

If your entry was NOT selected, you should see a message like the one below:

“Based on the information provided, the Entry HAS NOT BEEN SELECTED for further processing for the 2011 Electronic Diversity Visa program …”

If your entry was selected for further processing, the status will be:

“Based on the information and confirmation number provided, you should have received a letter by mail from the United States Department of State’s Kentucky Consular Center (KCC) notifying you that your Diversity Visa entry was selected in the DV-2011 lottery.

If you have not yet received your selectee letter, please do not contact KCC until after August 1, 2010…”

If you still have not received the notification letter in the mail by August 1, 2010, and the website indicated that your entry was selected, you should contact KCC at kccdv@state.gov.

With RFID embedded in the new green card, a CBP officer is now able to read your card while you are still standing in line at the airport. This, hopefully, can get you through a port of entry a bit faster. But the problem is, anyone with a sophisticated reader can read the same information as well, all from a distance without you even knowing it.

Before you push the panic button, however, let me just say that USCIS isn’t playing around with all the hassle of redesigning the green card. They must have worked with LaserCard (the manufacturer) to make sure that any embedded data isn’t easily accessible by an unauthorized source. And people who can break an RFID encryption are probably working on other stuff than reading your green card anyway.

But it remains a privacy concern. Since you are supposed to carry your green card with you at all times, the thought that someone walking by may have just read your green card is simply uncomfortable. So you want to follow all instructions from USCIS with regard to the storage and carrying of your new card. In fact, according to Piers Fawkes at PSFK, his new green card arrived with a warning on the card sleeve:

We recommend use of this envelope to protect your new card and prevent wireless communication with it.

The little card holder is probably some sort of electromagnetically opaque sleeve that shields your green card from external readers. At a minimum, it will make contactless access to your RFID more difficult.

Wikipedia has a good article on RFID, with a large section dedicated to security and privacy risks of the technology. The Federal Trade Commission (FTC) published a consumer report several years ago that had a section called The ABCs of RFID – another good read if you want to learn more:

In RFID systems, an item is tagged with a tiny silicon chip and an antenna; the chip plus antenna (together called a “tag”) can then be scanned by mobile or stationary readers, using radio waves (the “RF”). The chip can be encoded with a unique identifier, allowing tagged items to be individually identified by a reader (the “ID”).

Well, I think that is too far.

Sure, the data is incomplete. But it is something we never had before. Prior to September of 2009, if you had a pending I-485, all you knew was that you were standing in line waiting for the next visa bulletin. Now, with the inventory, you can find out approximately how many people are actually ahead of you. Even if USCIS doesn’t count all the pending cases, you now have a general idea of how long the line is, and more importantly, what position you are in.

USCIS clearly indicated that I-485 applications transferred to field offices are not included in the inventory. And it appears that they plan to add this missing piece in later releases. There has been much debate about the exact percentage, and I guess nobody knows until USCIS publishes the data, but we do know that the majority of employment-based AOS applications are being processed by service centers, not district or field offices.

Another source of missing cases in the inventory, as claimed by many, is that USCIS simply isn’t capable of counting! I’m not as pessimistic, however. After all, it is a database. Let’s look at the case status checking system first. How many people with a pending I-485 cannot find their case in the system? Not many, right? It is a non-scientific indication that the database at least contains the vast majority of I-485’s out there. With data being present, counting and sorting is a few queries away. And there are multiple ways to cross reference your results to make sure nothing is obviously off track.

Many people also question the accuracy of the data. I can’t guarantee the inventory is error-free; in fact I can pretty much guarantee there are errors. But it serves its purpose well, and is good enough to shed some light on a matter that traditionally has been a black box.

We want to push USCIS to further improve their reporting of the inventory data – no doubt about that. But we shouldn’t ignore what we already have, especially since there is nothing better right now. Let’s not tell a starving person to throw away the burger in hand, and just wait for a steak dinner.

When you receive your card you must carry it with you at all times if you are 18 or older. It is the law.

So there you go. The perfect answer.

However, I’m not sure how many people actually do that. Everyone knows, or should know, to bring their green card with them when travelling abroad, some may do so with domestic trips too, but carrying a green card in a wallet or purse everyday seems like an overkill.

The No. 1 reason for not carrying a green card appears to be the fear of losing it. Although a lost card can be easily replaced, the mere idea of waiting for it to arrive in the mail, again, could bring back nightmares. If you are one of those who waited 10 years for their I-485 to be approved, you know what I’m talking about. The legislators who made up that rule obviously didn’t have to go through the run-around, so they didn’t care.

Another reason, I suppose, is that people don’t see a need for it. How many times were you ever required to show your green card? Other than international travels, there are very few occasions. Even if you do need to use your green card, such as when applying for a home loan, you most likely will be notified ahead of time. Immigration raid in work places may be all over the media, but in reality, it is still a low probability event unless you work in an industry that draws the attention of ICE agents on a regular basis.

Having said that, however, I’m in no way suggesting that you break the law by not carrying your green card If you do decide – at your own risk – that you’d rather leave it in a safe place instead of your wallet, you should make several copies and save them in different places. Also make sure at least one other person knows the whereabout of your original green card. Some people carry a photocopy of the card with them, which might turn out to be a good idea sometimes.

Titled “Startup Visa Act of 2010,” the bill will grant a two-year conditional visa to an entrepreneur who can secure $250,000 or more for his/her start-up venture from a qualified U.S. investor. After two years, if the company has generated at least five full-time jobs in the U.S., attracted additional $1 million, or achieved at least $1 million in revenue, the immigrant founder will be able to remove the conditions and become permanent resident (green card).

We fully support this proposal. In fact, we have been promoting the same idea for over two years now. Here is what we said in our Immigration Reform section:

Create visa category for entrepreneurs
Expand EB-5 to include entrepreneurs. They will earn permanent residence not by how much money they bring to the U.S., but by how many jobs they can create. It rewards innovation, and might just allow a foreign student with a brilliant idea, but no money, to try and succeed.

This bill will not increase the total number of immigrant visas. Instead, it will create a new EB-6 visa category which draws visas from the existing EB-5 pool. EB-5 is basically rewarding entrepreneurs who are already successful outside the United States and therefore are capable of investing their own money to create U.S. jobs (this is why they are often called investor visas). EB-6, as a comparison, would offer the same reward (green card) to people who are not as rich, but have innovative ideas that are endorsed by angel or venture investors. Both EB5 and EB6 visa holders are given two years to prove their worth, by demonstrating the creation of new jobs or real growth, for example.

A group of 160 venture capitalists and investors are supporting this bill.

Just like any immigration reform bill, it will draw plenty of criticism. And just like any immigration reform bill introduced over the past few years, the odds of eventually becoming law are slim at best, no matter how reasonable they are.

Employment-Based First, Fourth and Fifth Preferences
For January 2010, all EB1, EB4 and EB5 categories remain current.

Employment-Based Second Preferences (EB-2)
All EB2 countries other than India and China are still current in January. For India-born applicants, the cutoff date is still 01/22/2005 – no change from the December 2009 visa bulletin. Applicants from mainland China saw their PD cut-off date advancing just one month, to 05/01/2005.

Employment-Based Third Preferences (EB-3)
The situation is not much better for EB-3; although all countries of chargeability moved forward, it was a 1 or 2-month advance across the board. For January, EB3 Worldwide, Philippines and China stand at 08/01/2002, while Mexico is one month behind at 07/01/2002, and India trailing by one year at 06/22/2001.

EB-3 Other Workers category has the same PD cutoff date for all countries: 06/01/2001.

How come EB cutoff dates didn’t move in recent months?
The Department of State offered an explanation in the January Visa Bulletin: At the end of FY 2009, which ended on September 30, 2009, many EB categories were “unavailable.” So when FY-2010 visas were released during October and November, the demand was very high because of the large number of eligible I-485 cases. USCIS was also processing green card applications at a fast pace, and may have pre-adjudicated many of them, which resulted a high depletion rate of visa numbers for the first quarter.

With older cases now near completion, another batch of visa numbers are being released, which is the reason why January has started to see some forward movement.

Projections for cut-off date movement for the remainder of FY-2010
The Department of State offered some predictions on visa availabilities from now to September. These projections are helpful in many ways, but should be treated as just estimates.

• EB-1 is likely to remain current for all countries of chargeability throughout FY-2010.
• EB-2, other than India and China, is also likely to remain current.
• EB-2 China and India will continue to be oversubscribed, and may even become “unavailable” if high demand depletes available visa numbers before the end of September.However, if there are unused visa numbers from a particular category during a calendar quarter, they may be made available to China and India (or other oversubscribed counties) without regard to per-country limitation. This is usually referred to as visa “rollover” or “spill-over” in the immigration community.In case of visa rollover, the same cutoff date is applied to each country receiving the extra visa numbers. So if EB2 India is still more retrogressed than China when that occurs, more visa numbers may go to EB2 India because there are more applicants with earlier priority dates.
• EB-3 is expected to move forward but continue to have cut-off dates for all countries. For this reason it is unlikely there will be any visa numbers unused.

In summary, DOS projects the following cutoff date movement for the remainder of FY2010 (best case scenario)

Family-based visa bulletin projections
Cutoff date movement in the family preferences has been relatively fast recently and DOS expects the trend to continue for at least a few more months. The reason is that fewer applicants are proceeding with their consular processing cases, as well as the low volume of FB adjustment of status cases. However, DOS warns that the movement may slow or even stop at some point, and certain categories may retrogress further if demand picks up.

What are your chances of winning the green card lottery?

Each year there are millions of people participating in the program. DV-2010, for example, received 13.6 million qualified entries. The total number of applicants should have been much higher because some of them were rejected for a variety of reasons. Out of 13.6 million, only 102800 were selected randomly by a computer, i.e., winning the lottery. That turns out to be about 1 in every 270 people.

There are only 50,000 diversity visas available each year. So half of the 102800 lottery winners will not get a green card after all. The reason Department of State selected more applicants is that some of them may not proceed with actual visa application, and some may miss the deadline, or see their applications rejected.

So for DV-2010, one lucky winner out of 540 eligible applicants actually got a green card. Not a great percentage, but not too bad either. Here is a more detailed breakdown, using DOS data:

Note that different geographic regions may have slightly different odds, and it fluctuates every year depending on entry volume. Also countries with high immigration rate to the U.S. are excluded from the lottery, meaning that natives from India, China, Brazil, UK, Canada and several other countries are not eligible to participate in the DV program.

The online entry registration period for DV-2011 will end on Monday, November 30, 2009. If you are interested and eligible, don’t wait for the last minute. And if you are selected, submit your visa application as soon as possible to increase your chances of securing a green card.

Usually dependents’ adjustment of status (green card) applications are approved together with the primary application, or within a short period of time. Sometimes, however, there may be a significant delay of several months or more. This could be caused by additional processing of RFE, prolonged security checks, etc. If this is the case there is not much you can do rather than waiting.

However, sometimes the delay is caused by the separation of your AOS application from your spouse’s or parent’s I-485. In this case you really want to contact USCIS and bring up the matter with the service center.

The CIS Ombudsman is now looking into this issue. In an update posted today, the Ombudsman asks that if 30 days have passed after a principal’s I-485 was approved, and your derivative I-485 is still pending, you may send a request to his office for investigation. To do so, you should submit the following evidence to cisombudsman.publicaffairs@dhs.gov:

• DHS Form 7001,
• A scanned copy of the principal applicant’s I-485 approval notice,
• A scanned copy of the Form I-485 receipt notice for the derivative,
• A scanned copy of the I-140 immigrant petition approval notice (if employment-based), and
• Any other evidence that is pertinent to the case.

In your email, please note in the subject line: “Unapproved Derivative I-485.”

If the Ombudsman does help you obtain I-485 approval, please leave a comment below or send us an email.

The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.

EB2 China will move forward by one week, while EB2 India stays steady at January 22, 2005.

EB3 China is the only category that will experience a rather sizable movement: from February 22 to June 1, 2002. Mexico EB3 will advance one month to June 1, 2002.

Certain religious workers and EB5 pilot programs are “unavailable,” awaiting legislative actions.

Below is a visa bulletin graph for employment-based third preference categories. Y-axis represents visa retrogression, in number of years.

The “pending I-485 data” posted on the new uscis.gov website is exactly what we have been waiting for. The i-485 inventory chart not only displays the total number of pending green card applications, but is broken down by priority date, preference category and country of origin. These three levels of details determine your position in the waiting line, and can give you a much better estimate of when your adjustment of status (green card) application will be processed.

1. Country of Origin

There are essentially five lines for employment-based green cards, separated by country of chargeability. The five lines are China, India, Mexico, the Phillipines, and All Other Countries (a.k.a. Rest of World – ROW). The monthly visa bulletin, which determines who is eligible for a visa number, releases visas based on chargeability. Historically China, India, Mexico and the Phillipines are “over-subscribed” countries, meaning there are more applicants from these countries than visa numbers available each year. As a result, these countries are tracked separately in the visa bulletin and USCIS’ i-485 inventory report.

2. Preference Category

Each of the five country-specific lines is further divided by preference categories. For example, EB-1 priority workers, EB-2 professionals with advanced degrees, EB-3 skilled workers, etc. The average waiting time for green card varies dramatically from one preference to another. USCIS did an excellent job by compiling and also presenting the data in the reports.

3. Priority Date

A priority date is when the green card process officially starts, which is usually the date when labor certification or I-140 is filed. Your priority date (PD) determines your position in the line, for your EB category and country of chargeability. This is the one piece of information that tells you exactly how many people are in front of you. USCIS breaks the total number of pending I-485 cases down to each month of a given year based on priority date.

How do I use the green card tracker?

Suppose you are from China, have a priority date of March 2007, and your immigrant petition is in EB2, you can see from the chart below that 786 applicants with a priority date in the same month and year as yours are waiting in line in the EB2 China category. You don’t have to know how many of the 786 people are in front you, because quite likely all of you will become eligible for a visa on the same day.

Now the more important question is how many people have a priority date earlier than yours. Again from the chart, you simply add up all the numbers before March 2007:

1 + 1 +2 + 13 + 20 + 35 + 123 + 4,084 + 8,581 + 743 + 671 = 14274

So there are a total of 14274 applicants from China in EB-2 category who are in front you in the waiting line for green card. You can’t find this level of detail and precision anywhere else.

How do I know when my green card will be approved?

Unfortunately you don’t know that yet, at least not accurately, since this is the first time USCIS published such report. USCIS plans to update the green card tracker every quarter. So after the next one, you will know how many people ahead of you (or behind you, for some reason) have received their green card or otherwise left the line. Comparing that with the Visa Bulletin, you will have a better idea of how much longer you have to wait for your turn.

Pending I-485 Adjustment of Status Applications based on Priority Date for China EB-2:

From the DHS leadership journal and various speeches made by government officials, people had the impression that the new online status system would achieve two major objectives:

1. Identify the current processing step of an immigration case, i.e. let a customer know what has been done, what is being worked on and what is coming next on their application; and,
2. Provide an estimated waiting time before a case can be adjudicated, i.e. let a customer know “how many people are waiting in line or how long it may be before USCIS can process and approve his application.”

USCIS has done a fairly good job for No. 1 (case status), but not nearly enough for No. 2 (waiting time).

The case status tool now displays seven steps: Acceptance, Initial Review, Request for Evidence (RFE), Testing and Interview, Decision, Post Decision Activity, and Document Production or Oath Ceremony. Below is an example of the RFE step (see more examples here):

The benefit of this format is that all processing steps are displayed in one window – people who are not familiar with the immigration process  are now able to figure out what steps have been completed and what is likely to come next. For others, especially high-tech workers under employment based categories, this change is far less appealing because most of them understand the green card work flow quite well already.

As it stands now, a new status update will replace the old one, and if a case has reached the next step, previous ones will be grayed out. A better way would be to keep all status updates in the system until at least some time after the case has been adjudicated. This way it also acts as a personal journal for the applicant. The data are stored in the USCIS database anyway, why not make them  useful?

The new alert function via text messaging is nice and geeky, but doesn’t deserve so much spotlight in my opinion.

Regardless of how case status is presented, what is critical to immigrants is that the information in the system is complete and up to date. For example:

• Does the system reflect a RFE that has been responded to?
• Is background check information included in the report?
• Does a rescheduled appointment or interview get updated?
• If a case is at a certain stage, does it mean all previous steps have been completed? In another word, does RFE mean FBI name check is cleared? If an interview is scheduled, does it mean all RFE’s have been processed?

The waiting time report, implemented as National Volume and Trends on the new website, is far from what everyone expected. We will discuss it in a separate post.

It is worth mentioning that USCIS redesigned the website in a hurry, and completed the bulk of new development in roughly three months. So it is probably unrealistic to expect a complete overhaul. It is an excellent start, however, and USCIS deserves credit for that. But we certainly hope that the efforts don’t stop here. USCIS.gov is one of the most popular government websites (6 million visitors monthly), so hopefully the agency will have the support to continue to make it better.

I-485
	I-485 is a busy freeway: most people in the U.S. choose this route to get their green card. Unfortunately it has a speed limit of 10mph.
Speed Limit – miles per hour (mph)
	0mph speed limit doesn’t make much sense, but if you are travelling on the Immigration Highway, don’t be surprised if you see it more than once.
Road Condition
	Slippery
	Bumpy
	Flooded
No Honking!
	Nobody would listen anyway, why bother?
Directions
	USCIS sometimes gives out better, less confusing instructions, but not always.
Stop Sign
	Stop right there, and wait for further instructions. Department of Labor once put up a huge stop sign so that they could “centralize” all labor certification applications; it only took a couple years before traffic was moving again.
Road Closed
	If you pick the wrong route, or have a late start, you will see the road closed sign eventually. You need to find an alternative as soon as possible.
Traffic Lights
	The Department of State uses traffic lights (aka visa bulletin) to control who gets to proceed, and who has to stay. Unlike regular traffic signals, a red light here could last 10 years or more.
Car Pool
	If you married a U.S. citizen and the two of you are travelling together, you can take the carpool lane. There are multiple check points though, and people who get caught with only a dummy on the passenger seat will get into trouble.
Toll Booth Ahead
	Every road is a toll road. Journey to green card is expensive.
Welcome!
	You have reached your destination.

All images used in this post are in the public domain, or licensed under Creative Commons Attribution-ShareAlike 2.5 (Wikimedia Commons)

Employment-Based Second Preference

EB-2 China advanced only two months to March 22, 2005, while India inched ahead to January 22, 2005. Although dissappointing, we still may see quite a few I-485 approvals for applicants with a 2004 or early 2005 priority date. As widely reported, these cases should have been pre-adjudicated by USCIS and are in line to receive the first batch of visa numbers for the new fiscal year.

EB2 ROW (Rest of the World), Mexico and Philippines continue to remain current for October 2009.

Employment-Based Third Preference

After a five-month shutdown, all EB3 categories have visa numbers available for October, but retrogression is still severe across the board. Cutoff dates are set to either 2002 or even 2001. We had hoped that it would be at least 2003, at least for some categories under EB3. Now we have to wait for the November visa bulletin for that to happen.

Employment-Based Forth Preference

EB-4 became current, as expected. However, EB4 Religious Worker category remains unavailable, and here is DOS’ explanation:

Employment Fourth Preference Certain Religious Workers: Pursuant to Section 1 of Public Law 111-9, the non-minister special immigrant program expires on September 30, 2009. No SR-1, SR-2, or SR-3 visas may be issued overseas on or after September 30, 2009. Visas issued prior to this date will only be issued with a validity date of September 30, 2009, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight September 30, 2009.

Employment-Based Fifth Preference

EB5 categories for Investors and Regional Centers remain current, but EB5 Pilot Program is facing expiration date of 09/30/2009:

Employment Fifth Preference Pilot Categories(I5, R5): Section 101 of Division J of the Omnibus Appropriations Act, 2009, extended this immigrant investor pilot program through September 30, 2009. The I5 and R5 visas may be issued until close of business on September 30, 2009, and may be issued for the full validity period. No I5-1, I5-2, I5-3, R5-1, R5-2 or R5-3 visas may be issued after September 30, 2009.

If Congress acts to extend one or both programs mentioned above, their cutoff dates would immediately change to “current” for October.

Now there is good news. Next time you might be able to bypass the long lines and get out of the airport a bit more quickly.

The Global Entry Program from U.S. Customs and Border Protection (CBP) has been expanded to now include 20 international airports across the United States. Participants in the program may use self-service kiosks, much like ATM or self-checkout machines, to complete customs and passport control. According to CBP, “Global Entry is a traveler’s ticket to get out of line.”

Not everyone is eligible for Global Entry though. Only U.S. citizens, permanent residents and foreign nationals from certain countries may apply to enroll in this program. After $100, a thorough background check, and an in-person interview with a CBP officer, you will be granted a 5-year membership if your application is approved.

If you are accepted, here is what you will do when you arrive at the airport:

• Bypass passport control lines and proceed to the Global Entry Kiosk
• Scan your passport and fingerprints
• Answer Declaration questions
• Take receipt to expedited exit point

Designated airports include LAX, JFK, SFO, BOS, among others. Check out the CBP brochure for complete list of participating airports and detailed instructions on how to apply.

1. China EB2 and India EB2 will both advance to January 8, 2005; and
2. All EB4 categories have become unavailable, starting immediately.

Employment Based Second Preference

India EB2 cutoff date is moving to January 8, 2005. Believe it or not, there are still more than a few Indian professionals waiting since 2003 and 2004. It is quite a relief for those early filers and their families. India EB2 cutoff dates have been around 2003 and 2004 all year, briefly retrogressing to January 1, 2000 in the July visa bulletin, so finally moving on to 2005 is welcoming news.

China EB2 is also set to January 8, 2005, more or less in line with most FY2009 visa bulletins for this category, except for July.

It appears that July is a “catch-up” month, when USCIS and DOS intentionally set cutoff dates more conservatively, wait for case processing to catch up, re-evaluate visa number usage, and get ready to allocate the final block of visa numbers during August and September. The image below is a chart of visa number retrogression for all EB2 categories.

Employment Based Third Preference

All EB3 categories remain “unavailable” for September, which means no EB3 AOS applications will be approved, and no new I-485 will be allowed to be filed for the month. Starting October 1st, next year’s visa numbers will become available.

Employment Based Forth Preference

In a surprising move, DOS announced that visa numbers for the entire EB4 preference, including Certain Religious Workers categories, have been exhausted. More importantly, the “unavailable” status took effect immediately, on August 11, rather than starting September 1. This is a nightmare for people who are eligible to file I-485 based on the current visa bulletin, but have not been able to do so.

The EB4 Certain Religious Workers category is set to expire on September 30, unless extended by Congress.

DOS does indicate that EB4 will become current again in the October 2009 visa bulletin.

Other Employment Based Preferences

All EB1, EB2 other than China and India, and EB5 categories are “current.”

Family Based Preferences

Minor 1- to 3-month movement for most family sponsored immigration categories.

Diversity Visa (DV) Lottery Categories

For DV-2009 registrants, all DV categories remain current (except Egypt and Ethiopia) during September. Note that September 30, 2009 is the last day an immigrant visa may be issued to a DV-2009 applicant. DV-2010 visa cut-off numbers will be established for October.