Name check completion not required for I-485 Adjudication

ombudsman report and court action does it

USCIS probably took action because of the ombudsman report publishing statistics of insidious name check delays for several years in a row. The number of WOMs frustrated the USCIS a little. The current lawsuit & court action on behalf of some of the defendants who filed the case precipitated in the final action becoming general to all applicants, like a class action.
 
patek said:
Wonder how many has been pending for more than 180 days. Let's say 150,000.
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A good estimation. Actually 155,592 = 329,160-117,819-55,729 (Ibid., Figure 10, page 38). Also take into account that this value includes applications for naturalization (N-400), family-based, and also retrogressed I-485 applications. They will not affect on the available visa numbers for EBGC. So, a general picture is not too bad.
 
Streamflow said:
A good estimation. Actually 155,592 = 329,160-117,819-55,729 (Ibid., Figure 10, page 38). Also take into account that this value includes applications for naturalization (N-400), family-based, and also retrogressed I-485 applications. They will not affect on the available visa numbers for EBGC. So, a general picture is not too bad.
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Thanks for this clarification. So if the 155,592 number includes N-400 applications and also applications already retrogressed, then this new move may in fact NOT lead to further retrogression.
 
per page. 14, the naturalization cases account for approx. 149,003 in March 2007. rest of the 485 cases are about 146,492. Out of this 146, 492 if you subtract cases (page 38) from upto 9 months ( sum of 117,819+55,749+28029 divided by half = approximation for 485 cases ~= 100K).

So total name check cases that pend over 9 months in Feb 2008 (since May 2007) = about 46,492 for 485. ( 146,492-100K). Spread this over all EB categories and all world - it will account for a few thousand cases per category/country.

Streamflow said:
A good estimation. Actually 155,592 = 329,160-117,819-55,729 (Ibid., Figure 10, page 38). Also take into account that this value includes applications for naturalization (N-400), family-based, and also retrogressed I-485 applications. They will not affect on the available visa numbers for EBGC. So, a general picture is not too bad.
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GCBy2010 said:
per page. 14, the naturalization cases account for approx. 149,003 in March 2007. rest of the 485 cases are about 146,492. Out of this 146, 492 if you subtract cases (page 38) from upto 9 months ( sum of 117,819+55,749+28029 divided by half = approximation for 485 cases ~= 100K).

So total name check cases that pend over 9 months in Feb 2008 (since May 2007) = about 46,492 for 485. ( 146,492-100K). Spread this over all EB categories and all world - it will account for a few thousand cases per category/country.
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BTW, the 180 day rule is not applicable for N400 (see p.8). Unfortunately, they still have to wait
 
There is another reason why they did this. Those who paid the $1000+ all-inclusive fee for I-485 get EAD and AP renewals for free. If they are stuck in name check for years, they have to keep giving them EAD and AP over and over each year without additional revenue. So it's cheaper for them to approve them and make them move on.

Of course, they could have said that the bypassing of name check would only apply to the $1000 all-inclusive payers, while everybody else has to wait for name check completion. But that would look like too blatant of a money grab, and they don't want to look too greedy after getting criticism from Senators and Congressmen about the fee increases.
 
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Does USCIS Know this

I have been trying to call TSC since morning but keeps saying busy...Has anyone contacted any Service centers to see if those dumb guys are aware of this?? please post your responses or surprises here.
Thanks
VI485
 
Thats not correct. Only for the first time EAD & AP fees are included in 485 fees. For renewals they've to pay fees every year.
Jackolantern said:
There is another reason why they did this. Those who paid the $1000+ all-inclusive fee for I-485 get EAD and AP renewals for free. If they are stuck in name check for years, they have to keep giving them EAD and AP over and over each year without additional revenue. So it's cheaper for them to approve them and make them move on.

Of course, they could have said that the bypassing of name check would only apply to the $1000 all-inclusive payers, while everybody else has to wait for name check completion. But that would look like too blatant of a money grab, and they don't want to look too greedy after getting criticism from Senators and Congressmen about the fee increases.
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sfmars said:
First time only
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Read the I-765 instructions and fee schedule. No fee for first time EAD/AP or renewals.

Also see this analysis:
Now what? Under the new filing fee schedule which took effect after July 29, 2007, issuance of EAD and Advance Parole for the post August 27, 2007 is "free, free, free" for the I-485 filers. Allegedly, the cost is incorporated in the I-485 filing fee of $1,020. The new regulation uses the term of "fee waiver" for EAD and Advance Parole for these I-485 filers. Now, you guessed it! Lo and Behold, the business calculation on EAD and Advance Parole has reversed. The DHS will lose a huge money by issuing single-year EAD and a separate Advance Prole document on a yearly basis over and over since they are free and they will have to keep producing it at no charge every year, which creates a huge workloads consuming its huge human resources and other production costs. This is particularly unacceptable to the agency under the predicted State Department Visa Bulletin for FY 2008 and in the future. Now, from the business standpoint, the DHS may make a huge money by issuing a multi-year EAD which will also function as a travel document. Ahah! No wonder why they are finally coming forward revealing their hidden agenda behind the new fee rule-making and EAD/Advance Parole reform business. Reportedly, Mr. Aytes of USCIS disclosed in a New York AILA conference that the USCIS was currently working on a single multi-year EAD card that will also replace the Advance Parole document. What a smart calculation it was in the new fee rule-making action.
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They're going to issue multiyear EADs to avoid the costs of issuing cards every year for free.
 
Your quotation is unofficial analysis of the immigrant lawyer.

They do not say anything about renewals in their official I-765 filing fee instructions if I-485 was filed after 07/30/2007.

If you are filing this application concurrently with Form I-485, Application for Permanent Residence, no fee is required to file this form. As of 07/30/07, if you file your Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, as a receipt of evidence for the filing of your I-485.

If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
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I think they are going to issue new instruction after 07/30/2008 to clear confusions, that is only for the first time.
 
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http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending.
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No distinction is made about having to pay a fee for renewals. There's no additional fee, period.

This provides some background of the intent behind the packaged fee structure:
http://www.uscis.gov/files/nativedocuments/ProposedRule.pdf
Through the provisions proposed in this rule, USCIS would eliminate its reliance on
interim benefits as a significant funding source for base operations and address the
problem that aliens are required to pay for services they would not need if the underlying
petition were timely processed, while ineligible and fraudulent applicants receive work
authorization and travel documents because of processing delays. Moreover, this change
addresses the historic perception that because of the Congressional requirement that
USCIS be self-funded from fees, USCIS may make decisions that compromise
operational efficiency to ensure revenue flow. Under the proposed fee structure, an
applicant for adjustment of status will pay a single fee. If USCIS is unable to process the
base application within the established processing goals, the applicant will not pay
separate fees for interim benefits, no matter how long the case remains pending.
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Jackolantern said:
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
No distinction is made about having to pay a fee for renewals. There's no additional fee, period.

This provides some background of the intent behind the packaged fee structure:
http://www.uscis.gov/files/nativedocuments/ProposedRule.pdf
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The second document is just proposal and too long (I did not find what you highlighted). Usually people have to use instructions in Official USCIS Fee Schedule Instructions.

But I-765 Fee Schedule instruction does not say anything what you think.
 
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