July 8, 2020

Volume X, Number 190

July 07, 2020

Subscribe to Latest Legal News and Analysis

July 06, 2020

Subscribe to Latest Legal News and Analysis

New Procedures Will Allow for Early Filing of Adjustment of Status Applications

On September 9, 2015, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) responded to President Obama’s November 2014 executive action announcement by publishing new procedures that will allow significant numbers of foreign nationals (and their dependent family members) to file their I-485 adjustment of status applications before their priority dates become current and immigrant visa numbers are available. Previously, individuals could not file their I-485 applications (the final major step in the process of becoming a U.S. permanent resident or green card holder) until an immigrant visa number was available.

 

The DOS publishes a monthly Visa Bulletin indicating when statutorily limited immigrant visas are available to prospective immigrants based on their preference category, country of chargeability (country of birth in most cases) and individual priority date. Starting in October 2015, the Visa Bulletin will include two charts as follows:

 

  1. The Application Final Action Dates chart will list the dates on which priority dates will become current and immigrant visas will be available to individuals. This chart includes the same information that the Visa Bulletin has historically provided.

  2. The Dates for Filing Applications chart will list the earliest dates on which individuals may file their adjustment of status applications.

Under the new procedures, USCIS and the DOS will analyze and predict immigrant visa demand, helping to ensure that the maximum number of immigrant visas is issued annually, as Congress intended. Further, the new procedures are intended to minimize month-to-month fluctuations in Visa Bulletin final action dates. The new Dates for Filing Applications chart will allow individuals to file their I-485 applications before their priority dates are current if USCIS and the DOS determine that there are more immigrant visas available for the fiscal year than there are known applicants for such visas. Along with their I-485 applications, these individuals (and their dependent family members) will be eligible to file applications for advance parole and employment authorization. We expect that we will generally recommend the Adjustment of Status application be filed as soon as it is possible.

©2020 MICHAEL BEST & FRIEDRICH LLPNational Law Review, Volume V, Number 257

TRENDING LEGAL ANALYSIS


About this Author

Jose Olivieri, Michael Best Law Firm, Higher Education, Labor and Immigration Attorney
Partner, Industry Group Chair

José is the founder and co-chair of Michael Best’s immigration law practice. Clients depend on his deep knowledge of and experience with U.S. immigration law and employment-based immigration matters, including:

  • Immigration status

  • Permanent labor certification

  • National interest waiver

  • Adjustment of status

  • Consular processing

  • Citizenship and...

414-225-4967
Kelly M. Fortier, Michael Best Law Firm, Business immigration, Attorney
Partner

Kelly helps employers of all sizes meet their staffing needs by handling the immigration issues they face in hiring foreign nationals and moving employees around the globe.

A partner in the firm’s Labor and Employment Relations practice group and Co-chair of the Immigration and International Migration team, she handles compliance issues for corporations that transfer dozens of employees into and out of the United States each year as well as small companies seeking to bring in a few key hires from abroad.

Kelly is highly valued by her clients for making the process of hiring foreign nationals easier and more predictable. She provides responsive and seamless service, coordinating, and managing the extensive immigration work for her clients’ Human Resources and legal staffs, often using strategies like Blanket L petition filings, E-2 investor visas, and B-1 business visitor guidance to smooth the immigration process. She also provides her clients with guidance on immigration law compliance, including Form I-9, E-Verify, and Social Security Number issues.

414-277-3460
Kelly Rourke, Michael Best Law Firm, Immigration and Employment Attorney
Associate

Kelly assists employers with administrative law matters, focusing her practice primarily on employment-based immigration.

She regularly helps clients meet critical staffing needs by obtaining nonimmigrant status for foreign workers and securing and maintaining legal permanent residence for foreign nationals. To this end, she handles an array of nonimmigrant petitions, applications for labor certification, adjustment of status and naturalization filings, consular processing matters, motions to reopen, and motions to reconsider. She also...

414-347-4741