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USCIS Apparently "Holding" Adjustment Cases Filed in July; Rumors Abound
07/13/2007
As a result of pending and threatened litigation against the government due to the Visa Bulletin fiasco, U.S. Citizenship and Immigration Services (USCIS) is reportedly holding adjustment of status cases submitted on July 2 and later, reversing its usual policy of rejecting and returning cases when they are filed after immigrant visa numbers become unavailable. The apparent change in direction is just the latest of numerous actions the agency has taken that are not regarded as consistent with longstanding policies. The government is holding July-filed cases in an apparent effort to protect evidence that will undoubtedly become part of the current litigation efforts, which we discussed in our Client Alert of July 10. Please note that there are no indications that the government will receipt these cases for filing, adjudicate them, or issue any interim benefits. Nevertheless, rumors are rampant concerning the situation, including speculation about the government's eventual disposition of these held applications, as well as rumors about possible legislative or regulatory fixes.
We are aware that applications for adjustment of status are still being submitted. However, given the government's actions and statements, it appears probable but not necessarily certain that these applications will ultimately be rejected by the agency. Whatever the outcome of the litigation, it is far from certain that submitting an adjustment application now will confer any advantage over those who do not do so. Notwithstanding, a growing number of prospective applicants are continuing to send in adjustment applications. Note that there is little certainty that the government will accept these cases for filing. If immigrant visa numbers eventually become available, applicants may be required to resubmit their adjustment applications, incurring additional expenses.
As a reminder, H-1B nonimmigrants may continue to work and travel pursuant to their status, and can apply for extensions beyond the six-year H-1B maximum period of stay if otherwise eligible to do so. Post-sixth year extensions are available in one-year increments to foreign nationals for whom an application for labor certification or Form I-140 immigrant worker petition has been pending for 365 days or more; extensions in three-year increments are available to foreign nationals who are the beneficiaries of an approved Form I-140 immigrant worker petition and who would otherwise be eligible to apply for adjustment of status, but for the unavailability of an immigrant visa number.
Copyright © 2007 by Fragomen, Del Rey, Bernsen & Loewy, LLP
07/13/2007
As a result of pending and threatened litigation against the government due to the Visa Bulletin fiasco, U.S. Citizenship and Immigration Services (USCIS) is reportedly holding adjustment of status cases submitted on July 2 and later, reversing its usual policy of rejecting and returning cases when they are filed after immigrant visa numbers become unavailable. The apparent change in direction is just the latest of numerous actions the agency has taken that are not regarded as consistent with longstanding policies. The government is holding July-filed cases in an apparent effort to protect evidence that will undoubtedly become part of the current litigation efforts, which we discussed in our Client Alert of July 10. Please note that there are no indications that the government will receipt these cases for filing, adjudicate them, or issue any interim benefits. Nevertheless, rumors are rampant concerning the situation, including speculation about the government's eventual disposition of these held applications, as well as rumors about possible legislative or regulatory fixes.
We are aware that applications for adjustment of status are still being submitted. However, given the government's actions and statements, it appears probable but not necessarily certain that these applications will ultimately be rejected by the agency. Whatever the outcome of the litigation, it is far from certain that submitting an adjustment application now will confer any advantage over those who do not do so. Notwithstanding, a growing number of prospective applicants are continuing to send in adjustment applications. Note that there is little certainty that the government will accept these cases for filing. If immigrant visa numbers eventually become available, applicants may be required to resubmit their adjustment applications, incurring additional expenses.
As a reminder, H-1B nonimmigrants may continue to work and travel pursuant to their status, and can apply for extensions beyond the six-year H-1B maximum period of stay if otherwise eligible to do so. Post-sixth year extensions are available in one-year increments to foreign nationals for whom an application for labor certification or Form I-140 immigrant worker petition has been pending for 365 days or more; extensions in three-year increments are available to foreign nationals who are the beneficiaries of an approved Form I-140 immigrant worker petition and who would otherwise be eligible to apply for adjustment of status, but for the unavailability of an immigrant visa number.
Copyright © 2007 by Fragomen, Del Rey, Bernsen & Loewy, LLP
