DOS Guidance on EB-3 Cases at NVC

Recently, U.S. Department of State (DOS) issued a guidance relating to National Visa Center (NVC) processing of EB-3 cases, in which priority dates may not become current for a number of years.

According to the guidance, immigrant visa fee bills are mailed early in the process so that the costs incurred in subsequent stages are adequately funded in advance. The actual movement of visa numbers is a complicated monthly calculation that NVC cannot predict. NVC also cannot time the sending of fee bills based on the likelihood of future visa availability.

If the person billed (the "agent of choice") should conclude that the visa number is unlikely to become available for several years, and on that basis decides not to submit payment and/or requested forms, the case would remain at NVC in an inactive status. Under these circumstances, it is important that the agent of choice remain in contact with NVC at annual intervals so that the case does not proceed towards legal termination. The agent of choice should not let any twelve-month period elapse without writing, emailing, or calling the NVC to reaffirm interest in consular processing.

As a matter of policy, paid fee bills are not refunded if the individual decides to adjust status in the U.S. rather than apply for an immigrant visa abroad.

(02/02/2006)

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