5/5/2006

The U.S. Department of State (DOS) released information 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.

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 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.