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US Immigration

Posted 7/25/2007

LEGAL NOTES / By REUBEN S. SEGURITAN

USCIS Issues Guidelines; RN's and PT's Must File by 7/31/2007

		When the USCIS announced last July 17 that it would accept adjustment of status applications based on employment through August 17, 2007 there were few details on how it intended to implement said policy. Immigration lawyers raised questions relating to filing fees, incomplete documents, medical examination reports and priority dates. On July 23, the USCIS clarified some of the issues.

Concurrently Filed EB I-140/I-485 without the Required Labor Certification

An approved labor certification application is a requirement by the USCIS in accepting an I-140 employment-based petition. The I-485 will not be accepted if the I-140 is without the approved labor certification.

The USCIS will also reject an application based on missing or incorrect filing fees and missing signature.

Where to file the Employment Based Adjustment Applications

This may be filed at either the NEBRASKA SERVICE CENTER or the TEXAS SERVICE CENTER. However, through August 17, 2007 only, those filed at the CALIFORNIA and VERMONT Service Centers will not be rejected but will be relocated to the appropriate Service Center.

Filing fees

There would be no change in the filing fees of $180 for Forms I-765 and $170 for Form I-131. They will remain in effect through August 17 for those aliens eligible to file an employment-based adjustment of status application in accordance with the July Visa Bulletin No. 107. The new fee of $475 applies to Forms I-140 regardless if it is concurrently filed or not with an employment-based adjustment application when filed on or after July 30, 2007.

Priority Dates and Acceptance

The USCIS will not accept employment-based adjustment of status applications under July Visa Bulletin No. 107 if the priority date is August 1, 2007 or later. This means that Schedule A applicants such as Registered Nurses and Physical Therapists must file their I-140 petition no later than July 31, 2007.

On the other hand, the USCIS will accept adjustment applications under July Visa Bulletin no. 107 if the priority date is before July 31, 2007, even if the certification is granted after August 1, 2007, provided they are submitted by August 17, 2007.

For those aliens with a priority date on or after August 1, 2007, USCIS will accept properly filed Form I-140 while for those filed by aliens with a priority on or after August 1, 2007, the USCIS will reject any concurrently filed adjustment of status applications. This is pursuant to August Visa bulletin No. 109.

Medical Examination Report

USCIS will accept adjustment of applications filed even without a completed medical examination. This is pursuant to Visa Bulletin no. 107. In such instances, the USCIS would then issue a request for evidence.

Deadline of the Application

The deadline for the application is August 17, 2007. Those delivered, accepted or arriving on August 18, 2007 will be rejected.

Processing Dates and Procedures

Depending on the availability of visa numbers based upon their individual priority dates, the processing time may be shorter or longer. Thus, the applicants are advised from time to time to monitor the State Department’s visa bulletin to determine whether a visa number becomes available.

It is also expected that depending on the volume of applications received, delay may result particularly in the issuance of receipt notices. The result would be posted on the website of USCIS.

With regard to the applicants filing a Form I-485 which does not contain a copy of an I-797 receipt notice for a previously file Form I-140, they should put a brightly colored sheet of paper on top of the filing with the following notice and information, to wit:

TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition (type, e.g. I-140) was delivered to (Service Center) on (provide date of filing and tracking number); Petitioner’s name; Beneficiary’s name; Beneficiary’s date of birth and beneficiary’s country of birth.

REUBEN S. SEGURITAN

has been practicing law for over 30 years and is included in the Marquis Who’s Who in American Law. A former law editor and professor, he is also the author of a book on immigrant experiences. He has spoken in international and national conventions and has been interviewed on radio and television, including the ABC Nightly News. He has participated in meetings with White House staff and the Immigration Commissioner to discuss immigration reforms. For his community service and advocacy, he has received numerous awards in the U.S. and abroad. For more information, you may log on to his website at www.seguritan.com or call (212) 695-5281