USCIS Reverses Earlier Ruling & Will Now Accept Employment-Based Applications to Adjust Status

U.S. Citizenship and Immigration Services (USCIS) announced today that it will immediately start accepting employment-based applications to adjust status (Form I-485) that are filed by alien applicants whose priority dates are current under the July Visa Bulletin (No. 107). USCIS will accept applications as long as they are filed no later than August 17, 2007.

On July 2, USCIS had announced that it would no longer accept any additional employment-based applications to adjust status. This announcement had been made after USCIS received an update from the Department of State (DOS), in which DOS stated that it would not authorize any additional employment based visa numbers for the fiscal year.

However, after consulting with USCIS, DOS decided that Bulletin No. 107 (published June 12, 2007) should be used as the current July Visa Bulletin in regards to determining the availability of employment visa numbers. Visa Bulletin No. 108 (published July 2, 2007) has been officially withdrawn.

“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, director of USCIS. “I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.”

Today’s announcement by USCIS enables any alien eligible to apply under the eligibility numbers provided in Visa Bulletin No. 107 the ability to apply for adjustment of status up until August 17, 2007. Please also note that eligible applications that have already been properly filed with USCIS will also be accepted. The current fee schedule, according to USCIS, will apply to all these applications up until August 17, 2007. The new fee schedule, which becomes effective on July 30, 2007, will apply to all other applications that are filed on or after that date.

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