On the morning of July 2, 2007, the US Department of State (DOS) issued an anticipated update to its July Visa Bulletin. The DOS update confirmed that US Citizenship and Immigration Services (USCIS) has adjudicated approximately 60,000 backlogged employment based I-485 Adjustment of Status (AOS) cases over the last month. As a result, the DOS announced that a "revision" the employment-based immigrant visa "cut-off dates". The DOS instructed CIS that all visa numbers for all employment-based categories have been utilized, and will be unavailable until the new fiscal year begins on October 1, 2007.

Immediately thereafter, USCIS announced that -- effective today -- it will accept no I-485 AOS applications based on employment-based immigrant petitions; the agency will reject and return unfiled I-485 AOS applications received on July 2nd.

What does this mean for you?

1. USCIS will not accept any I-485 AOS applications based on employment until October 1, 2007.
2. Not all priority dates will be current in October, but there should be some availability in all categories, with the possible exception of the so-called "Other Worker" category, which does NOT refer to the majority of EB3-based adjustment applicants or any EB2/EB1-based adjustment applicants.
3. If your application for adjustment of status was already filed and received by the USCIS before July 2 (this effectively means received at the USCIS on June 29 which was the last business day prior to July), then your application should be received and receipts will be issued if not already in hand. These applications will remain pending until (a) the priority date is current; and (b) the USCIS processing date for your case is reached. Please note that the USCIS cannot adjudicate any application for adjustment of status until the priority date is current. They may do preliminary work on the case and issue requests for evidence to seek clarification or request missing information/documentation. The USCIS will proceed with adjudicating ancillary applications such as applications for employment authorization and advance parole, biometrics notices will likely be issued as well, but the Form I-485 will not be adjudicated.
4. Hertogs will continue to prepare I-485 AOS applications for those individuals who were unable to file, due to the uncertainty of the situation. Of course, we are currently unable to file I-485 AOS applications until October 1. However, we want every eligible I-485 application (i.e., those with based upon a priority date coming current in October) ready to file by that date. As cases are returned from the USCIS, they will be reviewed for updated information.

This is a fluid situation, subject to change without warning due to unannounced agency press releases or other announcements. Be wary of unconfirmed rumors or innuendo which may appear over the Internet or other sources. We will continue to update clients as reliable information becomes available. Please note that, going forward, medical examinations to complete Form I-693 should not be scheduled. The completed Form I-693 has a 12-month shelf life. Until we know the cut off dates for October, medicals and photos should not be completed, as they may "age out" before the opportunity to file a new I-485 again presents itself.

Possible class action lawsuit:

The American Immigration Lawyers Foundation (AILF) may proceed with a class action lawsuit against USCIS and/or DOS, consisting of individuals who were eligible to file under the original July Visa Bulletin, submitted their I-485 AOS applications, but were rejected due to the revision to the July Visa Bulletin. If your case was submitted and arrived at the USCIS on July 2, and you are interested in joining the suit if it is filed, please read this FAQ and complete this Questionnaire.

Some individuals may wish to proceed with filing I-485 AOS applications even after the announcement was made in hopes that they could join such a class action. Our office can continue to submit I-485 AOS applications for clients with this intent; however, we do not know if cases received after July 2, will be included or not.

Please note that in the event the I-485 AOS applications are rejected, all legal fees and costs for preparing the I-485 AOS application will apply, and additional legal fees will apply when the case is re-filed later. It is important to have authorization from your employer if you want to file your application knowing that it will be rejected.

If you want to discuss such a filing or the class action suit, a consultation fee will apply for any discussions or e-mails in this regard. Our staff is NOT available to discuss the class action suit and you will have to be scheduled for a consultation with an attorney at a minimum of one hour of attorney time.

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