USCIS Issues FAQ Regarding July Visa Bulletin

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As previously reported, the United States Citizenship & Immigration Services ("USCIS") will accept employment-based adjustment of status applications for those whose priority dates are current under the July Visa Bulletin issued on June 12, 2007.  The agency will accept applications filed no later than August 17, 2007.  Today, the USCIS issued a set of FAQs regarding the July Visa Bulletin.  For the FAQ in its entirety, go to http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf  The following clarifications are included in today's FAQ:

Rejections.   The USCIS will reject adjustment of status ("AOS") applications for the following reasons:  the receipt date at USCIS is on or after August 18, 2007; filing fee amounts are incorrect; a concurrently filed I-140 is missing the underlying original certified labor certification; and there are missing signatures.  However, the USCIS will accept AOS applications filed without a medical examination report.  In such cases, the agency will issue a request for evidence during case adjudication.

Filing Fees. The USCIS confirmed that the current USCIS fee schedule controls AOS applications filed through August 17, 2007.   However, this applies only to Forms I-485, I-131, and I-765.  For I-140s filed concurrently, if submitted on or after July 30, 2007 when the USCIS fees increase, the new I-140 fee of $475 applies.  The current I-140 fee is $195.

Priority Dates.  Today's FAQ states that the USCIS will not accept AOS applications if the underlying priority date is August 1, 2007 or later.  If the priority date is before July 31, 2007, but the labor certification is granted after August 1, 2007, the USCIS will accept the AOS application, provided the application is filed by August 17, 2007.  For EB-1 priority workers and EB-2 national interest waiver cases, where a labor certification is not required, an AOS application filed on or after August 1, 2007 will be accepted only if the I-140 was filed prior to August 1, 2007.  In these cases, the date the I-140 is filed is the date the priority date is established.

Lack of I-140 Receipt Notice.  An AOS will be accepted if the I-140 has been previously filed, but the receipt notice has not been issued.  In the agency's FAQ, specific guidelines are provided regarding how to properly file AOS applications where the I-140 has been filed, but a receipt notice has not yet been received. 

Premium Processing.  I-140 premium processing remains suspended until further notice from the USCIS.

H-1B Extensions.  The USCIS FAQ confirms that any petitioner seeking a three-year H-1B extension on behalf of a beneficiary pursuant to section104(C) of AC21, must establish at the time of filing the extension, that the individual is ineligible to be granted lawful permanent resident status.  Therefore, H-1B extension requests filed between July 17, 2007 and August 17, 2007 will be approved for one-year, rather than three-year increments, IF the priority date was established prior to August 1, 2007.

 We will provide further information as soon as it becomes available.