On July 17, 2007, the United States Citizenship and Immigration Services (USCIS) stated that it would be accepting I-485 adjustment applications for employment-based categories according to the original July 2007 Visa Bulletin (dated June 12, 2007). Likewise, the Department of State announced that the June 12, 2007 Visa Bulletin would be reinstated. See http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html. However, the visa numbers for these categories will only be available from now until August 17, 2007. After this time, there will no visa numbers until the start of the next fiscal year: October 2007.

See http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf for the USCIS announcement.

Applicants for permanent residency were left stranded when, on July 2, 2007, the Department of State and USCIS announced suddenly that there were no more visa numbers available in all employment-based immigrant categories. Up until that date, employers, beneficiaries and selfpetitioners had been preparing petitions under the knowledge that most of the employment-based categories had priority dates that were "current."

See http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html for the Department of State’s June 12th Visa Bulletin. With current priority dates, beneficiaries or self-petitioners could apply to (1) adjust status to permanent residency (if already in the United States) or (2) obtain immigrant visas at consular embassies abroad. The July 2nd notice halted the ability to do either.

The reversal of the government’s position is a welcome interim relief for many. The USCIS is also permitting adjustment applicants who file during the 30-day window to pay the current filing fee, although the fees are set to increase on July 30, 2007. Those who are ready and eligible to file adjustment of status packages or consular process for permanent residency should do so as soon as possible—the visa numbers will again be unavailable after August 17, 2007.

www.cozen.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.