I-485 Update: EB Categories Current for 31-days!

Following the Department Of State’s decision to withdrawing the Update to its July 2007 Visa Bulletin, the USCIS issued an update announcing 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 through a 31-day period from July 18 through August 17, 2007.

Also, the applications that have been filed properly so far will also not be rejected. Additionally, the USCIS stated that the current filing fee schedule will be applicable to the adjustment of status applications, along with advance parole and employment authorization applications through August 17th. The new fee schedule, which comes into effect from July 30, 2007, will be applicable to all other applications although.

The DOS announcement to withdraw the July 2nd Update came in its August 2007 Visa Bulletin, which interestingly shows all EB categories to be “Unavailable”.

The original July Bulletin issued by the DOS had made all EB categories, except EB-3 Other Workers category, current. On July 2nd, the DOS had issued an update which revoked the original Bulletin and made all EB categories “Unavailable” till the next fiscal year i.e. October 2007. Following this update USCIS started rejecting applications that reached the Agency.

What followed was a immediate public uproar, with the AILF (American Immigration Lawyers Foundation) threatening to litigate and even U.S. Senators intervening on behalf of the “legal immigrants who have followed the rules” as they put it.