EB3 Cases at NVC - Timely Payment Keeps File Active
Posted Feb 03, 2006
©MurthyDotCom
The U.S. Department of State (DOS) released information February 1, 2006 on the procedures for Employment-Based Third Preference (EB3) cases being sent to the National Visa Center (NVC) that cannot be completed through consular processing due to the unavailability of visa numbers (visa retrogression). The NVC cannot predict when the priority dates will move forward, and they have found it administratively ineffective to delay billing for fees until priority dates are current, or until their becoming current is imminent. Therefore, they will continue billing for the immigrant visa fees shortly after the files are sent to the NVC. Immigrant visa applicants have the option either to pay their bills promptly, causing cases to be considered active, or to delay payment, necessitating that these applicants assume responsibility to contact the NVC on a regular basis.
©MurthyDotCom
Inactive Status Requires Annual Contact with NVC
©MurthyDotCom
If the recipient of a bill decides to wait postpone payment until his or her priority date is current, or expected to become current, the case will be placed in inactive status at the NVC. If the case is inactive, the NVC expects to be contacted by the applicant, or his or her recognized agent, at least once annually to confirm that the case should not be terminated. The NVC can be contacted by letter, eMail, or telephone to prevent termination of the case. Of course, we recommend communicating in a manner that can be documented, such as certified letter or eMail, rather than relying only on the telephone.
©MurthyDotCom
Payment in Full to Keep Case Active - Safer Option
©MurthyDotCom
It appears that the better option is to pay one's bill when it is received, even if it may take a few years for the priority dates to become current. By so doing, the file will be considered active at the NVC and neither the applicant, nor his or her attorney, will be obligated to send annual reminders to the NVC on the file. The DOS did not address what would occur if there is an increase in fees after the bill is issued but before the fee is paid. In the scheme of things, one may have to pay a balance - a small inconvenience when compared to the possibility of having a file closed due to oversight or negligence on the part of the concerned EB3 immigrant visa applicant. If one decides to pay the bill, but later decides to pursue adjustment of status rather than consular processing, payment will not be refunded.
©MurthyDotCom
DOS Announcement Specific to EB3 Cases
©MurthyDotCom
This announcement was directed only at EB3 cases. The same problem exists, however, for EB1 and EB2 cases for nationals of India and China. It would seem that the same procedure should apply, but the DOS did not address these cases. We at the Murthy Law Firm do appreciate the DOS's clarification on this matter for EB3 applicants.