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USCIS Reverses Position and Now to Accept I-485 Employment Based Applications

Jul 17, 2007

U.S. Citizenship and Immigration Services (USCIS) announced in a press release on July 17, 2007, that, beginning immediately, it will accept employment-based applications to adjust status (Form I- 485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. These applications must be filed by August 17, 2007. Applications that have already been properly filed with the USCIS will be accepted.

As background, on July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year.

“The public reaction to the July 2 announcement made it clear that the federal government’s management of this process needs further review,” said Emilio Gonzalez, USCIS Director. “I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.”

USCIS’s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month’s time to do so. Applications that are being filed pursuant to this press release should be filed with the current fee schedule. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007). A copy of the press release is attached here. Visa_Bulletin_Update_July_17_2007.pdf

The USCIS reversal to allow I-485 applications follows great outcry from the public and a threat of a class action lawsuit by the American Immigration Law Foundation.

The State Department today published the Visa Bulletin for August 2007 and it shows unavailability across the board for all employment based categories.

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