RETROGRESSION MAY RETURN SOONER THAN WE THINK

According to the July Department of State Visa Bulletin, Employment-Based visa numbers for all categories (except other workers) are current for July.  However, there is now speculation that the USCIS may determine that numbers are unavailable before the end of July.  This is based on the CIS rejecting I-485 applications in June for the other workers category with priority dates before October 1, 2001 that were filed after June 5, 2007 because the CIS determined that the number of available visas had been exhausted by that time.

This means that we will be rushing to try to file I-485 cases as early as possible in July to increase the chances that these cases will be accepted for processing.  The American Immigration Lawyers Association hasx written a letter to the CIS advising the agency that AILA believes their actions in June were unacceptable and contrary to existing regulations and CIS Field Guidance Memos.

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

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