USCIS Announces Revised Processing Procedures for Adjustment of Status Applications
USCIS Announces Revised Processing Procedures for Adjustment of Status Applications
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced 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.
USCIS will accept applications filed not later than August 17, 2007.
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. After consulting with USCIS, the Department of State has advised that
Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for
purposes of determining employment visa number availability, and that Visa Bulletin #108
(dated July 2) has been withdrawn.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, 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 already properly filed with USCIS will also be
accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107
through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
apply to all other applications filed on or after July 30, 2007).
-USCIS
BREAKING NEWS – The government will be announcing shortly that it has reversed its July 2 announcement regarding the July Visa Bulletin
Via AILA NATIONAL
07/17/2007
6:15 PM EASTERN
The government will be announcing shortly that it has reversed its July 2 announcement that the fiscal year 2007 employment based visa numbers had been used up and that it was going to refuse to accept adjustment of status filings during July. Instead, Secretary Chertoff advises that USCIS will keep the applications filed and reopen filings for a 31-day period from July 18 through August 17, 2007, in order to provide the same filing window people would have had if the July 2 actions had not taken place. Filers will be able to pay the July filing fees during the entire window period.
Unfortunately, it does not appear that today’s announcement helps the EB-3 other workers whose applications were rejected in June.
AILF Press Release – Updates on Visa Bulletin Bait and Switch – Rumors of possible resolution
AILF Lawsuit on Visa Bulletin
Last updated July 17, 2007
AILF’s Legal Action Center has a class action lawsuit completed and ready to file against the Department of Homeland Security and the Department of State for their unlawful actions in the I-485 / Visa Bulletin mess. The government improperly denied tens of thousands of intending immigrants the opportunity to apply for employment-based visas known as “green cards.”
Rumors continue today that the Administration will be announcing a decision regarding their proposal to resolve the crisis. The most recent rumors indicate that the announcement will be made today. However, there are widely varying reports on what the proposed solution will be.
AILF will review any proposals by the Administration to resolve this issue, and will determine the best course of action in light of those proposals. While we remain hopeful that the Administration will take the actions necessary to avoid the filing of the lawsuit, further delays or incomplete solutions will compel us to move forward with litigation.
We thank the hundreds of people – intending immigrants and their lawyers – who have contacted us to be plaintiffs and support the litigation. We received emails and calls from more than 500 people in the last two weeks. Your efforts have enabled us to prepare a very strong challenge to the government’s actions.
We will post more information as soon as it is available.
July Visa Bulletin Law Suit Update – Via AILF.org
Via AILF.org
AILF’s Legal Action Center thanks AILA members for your unprecedented and enthusiastic response to our plaintiff identification effort. The potential plaintiff questionnaires and material are rolling in from all over the country. We are continuing to review the material your clients have sent.
The response has been so strong that currently we do not need any more potential plaintiffs who submitted an adjustment application for receipt in July, unless the individuals have an unusual situation or especially compelling facts, such as an aging-out child. At this time, we also would like to hear from the “non-filers” — people who did not and do not plan to submit an adjustment application for receipt in July but would have done so “but for” the DOS and USCIS actions. These individuals will represent a separate class of plaintiffs. And we’d like to hear from more “other worker” adjustment applicants who applied in June, even if they have not yet received a rejection notice. These individuals will represent a separate class as well. They should read the FAQ (at http://www.aila.org/content/fileviewer.aspx?docid=22798&linkid=162984 
, and complete and return to AILF the short form (at http://www.aila.org/content/fileviewer.aspx?docid=22798&linkid=162978  and retainer agreement (at http://www.aila.org/content/fileviewer.aspx?docid=22798&linkid=163326  at visabulletin@ailf.org.
If the lawsuit is successful (and we fully expect it will be), the court will certify classes, and all people who meet the class descriptions will receive the relief the court orders. The class members will not need to “sign up” with AILF to enjoy those rights.
Regarding “non-filers” – As our July 7 InfoNet update explained, and as we explain in our FAQ, we will include a class of people who would have submitted their adjustment applications for receipt in July, “but for” the government’s actions. The government may try to, or the court may want to treat this class differently from the class of people who submitted applications for receipt in July. Our aim is to do the best possible for both groups.
How soon will we file the law suit? Very soon. It is not easy or quick to prepare class action litigation involving numerous people and numerous claims, but we are working quickly because of the urgency of these events for so many people.
Injunction? AILF knows many people want a quick resolution, as do we. A temporary or ill-conceived order might create more chaos and confusion than we saw in late June / early July. And the government presumably would immediately appeal, creating even more confusion about whether applications were being accepted. By contrast, we intend to seek an injunction that will be forward-looking and will not create another crisis situation for AILA members or the government.
June filers – If your client had a priority date that would not have been current until July but sent in their adjustment application to arrive in June: We have heard that some people tried to get a jump on things by sending in their application to arrive in June for July filing. Our understanding is that USCIS will reject these applications because they were filed too early. We may not be able to protect such filers in this lawsuit. You may want to urge such clients to resubmit applications, even if they not have yet received a rejection notice.
Sending Flowers to USCIS to Protest the July Visa Bulletin Fiasco
07/11/2007
Immigration Voice has advocated the sending of flowers en masse to USCIS Director Gonzalez, with the following message, “Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin [ first-name last-name ] – An employment based immigrant.”
The Times of India is calling it an example of “Gandhigiri”.
Hopefully this will not just be another useless expense for those affected; most people have already spent several thousand dollars in anticipation of the current visa bulletin in July only to have relief withdrawn at the last possible moment.
U.S. Withdraws Offer of 60,000 Job-Based Visas, Angering Immigration Lawyers
Via The New York Times
Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.
Continue reading
How Did All Those Employment-Based Numbers Get “Used” So Quickly?
Via AILA
07/03/2007
AILA members have been receiving reports from multiple officials within USCIS indicating that USCIS HQ recently issued instructions to pull for adjudication every employment-based case that had been pending for more than six months, regardless of whether background checks were cleared. USCIS offices report having worked all of the weekend of June 30, 2007, to comply with these instructions. This was apparently to use up as many visa numbers as possible in order to try to cut off receipt of new filings when most employment-based visa categories came current on 7/1/07.
Note that this information has not been confirmed by USCIS HQ.
Press Release – Rep. Lofgren Issues Statement on Updated Visa Bulletin
07/03/2007
Via Rep Lofgren’s Website
Press Release
Rep. Lofgren Issues Statement on Updated Visa Bulletin
July 3, 2007
Washington, D.C. – Representative Zoe Lofgren (D-San Jose) today issued the following statement in response to the State Department’s update of the July Visa Bulletin and the subsequent rejection of applications for adjustment of status by the U.S. Citizenship and Immigration Services (USCIS).
I’m deeply concerned by today’s updating of the July Visa Bulletin by the Departments of State and Homeland Security. By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, thousands of dollars in legal fees and other application related expenses are incurred in preparation for filing applications based on the these monthly bulletins.
This update sets a terrible precedent, and undermines our nation’s efforts to foster legal and orderly immigration.
Rep. Lofgren recently sent Secretaries Rice and Chertoff letters asking them to reconsider any mid-month updates of the July Visa Bulletin.
The complete text of both letters is below:
Congresswoman Zoe Lofgren is serving her seventh term in Congress representing most of the City of San Jose and Santa Clara County. She serves as Chair of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. She also Chairs the House Administration Subcommittee on Elections and serves on the House Homeland Security Committee. Congresswoman Lofgren is Chair of the California Democratic Congressional Delegation consisting of 34 Democratic members of the U.S. House of Representatives from California.
The Honorable Michael Chertoff
U.S. Department of Homeland Security
Dear Secretary Chertoff:
I am writing with regard to a time sensitive matter. It has been brought to my attention that you are considering the rejection of adjustment of status applications for several employment-based immigration preference categories, despite the fact that the published July Visa Bulletin shows that visas for these categories are available. I am concerned that such action may violate the law and could threaten the integrity of our immigration system. In addition, such an act may cause the Department of Homeland Security to incur substantial litigation costs.
As you know, pursuant to your own regulations, “[i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.” 8 CFR 245.1(g). Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, your Department must accept those adjustment of status applications for adjudication.
I understand that you are considering the return of applications for adjustment of status as early as today despite the fact that the published July Visa Bulletin would allow for their acceptance. As you may know, thousands of businesses have acted in reliance upon the July Visa Bulletin and 8 CFR 245.1(g), just as they have done in previous months for several years now. I have been told that many U.S. businesses have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. Moreover, some have already submitted such applications for receipt today, July 2, 2007, in reliance upon the law and precedent. Changing course now could result in the loss of thousands of dollars already expended by businesses and individuals, and more importantly, threaten the integrity and predictability of our immigration system.
Moreover, I am very concerned that you may choose to reject adjustment of status applications while the Visa Bulletin shows that immigrant visas are available. Such an action may spawn litigation that I understand many are considering and preparing to undertake.
As you know, I have raised concern over the recent decision to raise immigration application fees by, on average, over 80%. One of the justifications provided for such a large increase was litigation costs.
While some costs of litigation are certainly justified in defense of the Government, I would have serious concern over litigation to defend the Department of Homeland Security from a decision to reject applications of adjustment of status in light of the existing regulations and the July Visa Bulletin showing most employment-based visas as available.
Before you take any action to reject adjustment of status applications, I would greatly appreciate a timely response to this letter and a meeting to discuss the matter. In your response, I would like an explanation of the reasons you are considering for taking action contrary to 8 CFR 245.1(g), years of precedent, and the potential for litigation which could cost the Department a substantial amount it cannot spare for litigation at this time.
Thank you for your timely consideration of this very important matter.
Zoe Lofgren
Subcommittee on Immigration, Citizenship, Refugees, Border Security, & International Law
The Honorable Condoleezza Rice
U.S. Department of State
2201 C Street, NW
Dear Secretary Rice:
I am writing with regard to a time sensitive matter. It has been brought to my attention that the Department of State may revise its July Visa Bulletin published on June 13, 2007, to reflect a retrogression or unavailability of immigrant visas in several employment-based immigration categories. I am concerned about the effect such unprecedented action will have on the predictability and reliability of our legal immigration system and on those who rely upon it.
As you know, pursuant to your authority to control the numerical limitations of visas as described in 22 CFR 42.51, each month your Department issues a Visa Bulletin that is consulted by hundreds of thousands of U.S. businesses seeking immigrant visas to determine whether an immigrant visa is immediately available for their employees.
On June 13, your Department announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the “Other Workers” category) for immigrant visas will be “current,” meaning that U.S. businesses going through the lengthy and backlogged immigrant visa or “green card” process can, throughout July, file adjustment of status applications. Your regulations at 22 CFR 42.51 allow them to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
I have been told, however, that your Department is seriously considering a revision of the July Bulletin as early as today or tomorrow that would retrogress the visas available in various employment categories. This unprecedented action would result in the termination of thousands of applications by U.S. businesses who have prepared and are ready to file applications on behalf of their employees pursuant to the June 13th publication of your Department’s July Visa Bulletin.
It is my understanding that such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status. I am concerned that the extraordinary action of revising a bulletin mid-month may be taken without serious consideration of the effect on precedence, stability in immigration law, and predictability for those who rely upon the Visa Bulletin.
Furthermore, it is my understanding that thousands of businesses have acted in reliance upon the July Visa Bulletin, just as they have done with previous Bulletins. I have been told that, based upon the July Visa Bulletin, many businesses have taken the necessary steps to prepare for the submission of applications for adjustment of status, including thousands of dollars of legal expenses, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc.
Before any decision is made to revise the July Visa Bulletin, I would greatly appreciate a timely response to this letter and a meeting to discuss the matter. In your response, I would like an explanation of the reason you chose to issue a visa bulletin listing most employment-based immigrant visas as current, when just a few weeks later—after thousands of employers and employees have acted in reliance upon the bulletin, but before applications could be submitted based upon the bulletin—you are now considering a change of course. I would also appreciate an explanation of whether and in what ways you have considered the serious ramifications of such action upon the integrity, stability, and predictability of our immigration law.
Thank you for your timely consideration of this very important matter.
Zoe Lofgren
Subcommittee on Immigration, Citizenship, Refugees, Border Security, & International Law
VB Gate
VIA ILW.com
In one of the largest scandals in recent immigration history,
out-of-control executive branch agencies entrusted with running a
lawful and fair immigration system have cruelly and unjustly dashed the
hopes of hundreds of thousands of legal immigrants. The high drama over
the last few weeks featured DOS moving heavily retrogressed employment
visa numbers (especially for India, China, Mexico and the Phillippines)
to current (meaning un-retrogressed), and now to re-retrogressed.
Whether DOS/USCIS have the legal authority for this mumbo-jumbo is not
clear. Among the practical effects of this is to forbid work
authorization to many who would otherwise have been able to legally
work (such as H4s), and to forbid travel to many who would otherwise
have been making plans to visit loved ones overseas. In addition, of
course, USCIS will assess higher fees post-July 30th once the newly
increased USCIS fees go into effect.
Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies’ Bait and Switch
VIA AILA
06/02/2007
WASHINGTON, D.C.–The American Immigration Lawyers Association
strongly condemns the bait and switch perpetrated by the federal
government on thousands of intending immigrants who have waited in line
for years and were following the rules for obtaining a “green card.”
On June 13, 2007, the U.S. State Department announced that, as of
July 2, individuals seeking permanent residence (“green cards”) through
employer sponsorship finally would be allowed to proceed with their
applications. Applicants would have a short window, possibly only
through July or perhaps August, to complete their paperwork.
Those intending immigrants, immediately and at great expense, rushed
to gather final documents, complete their paperwork and obtain required
medical exams. Many sent their applications off on Friday, June 29 for
arrival on July 2 at the Department of Homeland Security, for the last
phase of the multi-step process that leads to a green card.
However, on the very day the door was to open, DOS and DHS slammed it shut.
On July 2, DHS and DOS announced-based on no different information
than they had on June 13 when they announced the opening of this filing
door-that all applications would be turned away.
“People ask why those who come to the United States illegally can’t
just follow the rules,” said Kathleen Campbell Walker, President of the
American Immigration Lawyers Association. “But here people followed the
rules and did everything right, yet without warning or explanation the
door was slammed in their faces. This hoax perpetrated by these two
government agencies is unconscionable, and is an example of how badly
our immigration system is broken.”
AILA calls on the Administration to do the right thing and keep its
promise to the people affected by this sudden reversal. AILA also calls
on Congress to get it right this time and fix our badly broken system.
The U.S. Immigration Law Blog by Ashwin Sharma 
Microsoft skips the US, opens development center in Canada as a result of US immigration limitations
Microsoft is skipping the US and opening a development center in Vancouver, Canada as a result of increasingly illogical and outdated US immigration laws.
An excerpt from the Infoweek article:
“If Microsoft, or IBM or any other tech giant for that matter, can’t bring workers onto its home turf, it will simply put them in some other more immigration-friendly country. A broadband connection is usually all that’s needed to facilitate communication. Or, in the case of Microsoft’s Vancouver center, an eight-lane highway.
The question Congress now needs to consider is this: Do visa limits do more harm than good to the U.S. economy?…Wouldn’t it be better for Washington state if the workers that Microsoft plans to place in Canada because of “immigration issues” were employed locally, paying state taxes and spending in local shops?
It appears that the biggest beneficiary of the Senate’s failure to pass an immigration bill may be Canada. Is that really what Congress intended?”