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NEWS HEADLINES
What Happened to the Visa Bulletin??
Sherryl S. Pond, Esq.
While I was attending the Annual Conference of the American Immigration Lawyers Association Conference in June, we received word on June 15th that the July Visa Bulletin listed that the first four preference categories of employment-based visas were "available" and family-based lower preferences were listed as "available" as well. This meant that, although we were anticipating many months, and perhaps years of wait for some categories, before we could file adjustment of status ("green card") applications, now all of a sudden, we could file them beginning Monday, July 2nd. We notified our clients, who then went to get their medical exams, and we have to file many applications. Clients were excited because they were relieved of the stresses of waiting an indefinite period of time: would their children "age out"?: is it worth it to change employers and have to re-file employment-based applications?; and, most significantly, the spouses could look forward to receiving employment authorization within three months of filing! It seemed to good to be true.
At the USCIS Liaison session at the Conference, which was packed with standing room only, we asked, "What happens if so many applications are filed the first part of July that the visa numbers are over subscribed before August?" The liaison responded that it had not happened before, but that they could not answer for the State Department, which publishes the Visa Bulletin and issues the visa numbers. We were all a little nervous, but were hoping that wouldn't happen, at least before we could get our cases filed (and anticipating working into the wee hours to do it!).
SO, what happened? On Monday, July 2, 2007, the first day that applicants could file under the July Visa Bulletin, the State Department sent word to USCIS to post the following notice:
July 2, 2007
USCIS Update
USCIS Announces Update on Employment-Based Adjustment of Status Processing
WASHINGTON—The Department of State has revised its July Visa Bulletin to reflect that all available employment-based immigrant visas have been allocated for fiscal year 2007.
As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to adjust status (Form I-485) filed by aliens whose priority dates are not current under the revised July Visa Bulletin.
U.S. immigration law limits the number of employment-based immigrant visas that may be issued each fiscal year.
-USCIS-
We are working constantly to keep informed on the best course of action at this point. Please contact us with any questions.
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