October 26, 2020

Volume X, Number 300

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October 26, 2020

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October 23, 2020

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USCIS Switches to ‘Dates for Filing’ Chart for Employment-Based Adjustment of Status for October

While it typically uses the “Final Action Dates” chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS) has announced that for October 2020, it will allow employment-based adjustment of status applicants to file based upon the U.S. Department of State’s (DOS) October “Dates for Filing” chart.

This means that individuals will be able to file their adjustments in October 2020, even though their Green Card cases may not be adjudicated for years – until they reach their “Final Action Dates.” The DOS Charts can be found here. The USCIS page confirming that adjustment applications can follow the “Dates for Filing” chart can be found here.

The main advantage to filing adjustments is that 180 days after filing, applicants become portable – meaning that they can change jobs within the same occupational category without having to have a new PERM case filed. Similarly, those who file may maintain their underlying visa statuses, although they do not have to. Instead, they can remain in the United States while their cases are pending and rely on EADs and advance parole for work authorization and travel.

Of course, applicants are not the only beneficiaries of this big push forward. USCIS has been suffering. A decrease in filings has led to a severe budget deficit. The agency had planned to furlough two-thirds of its workforce on October 1, 2020. These additional adjustment of status filings may help the agency defray costs with a much-needed injection of cash, the greater because new, increased filing fees will go into effect on October 2, 2020. After October 2, 2020, adjustment of status application fees will no longer include employment authorization and advance parole applications. There will be separate fees for those applications totaling more than $1,000. In addition, children under 14 will no longer have reduced fees – further driving up fees for families applying for green cards. Another fee-producer is in the fact that the “Dates for Filing” chart provides a much more advanced available filing date for Employment-Based Third-Preference (EB3) applicants than for Second-Preference (EB2) applicants. That will give employers an option to file an amended I-140 petition, each carrying a $550 filing fee, along with the adjustments of status. The agency stands to receive a multimillion-dollar cash infusion.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 271
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Michael H. Neifach Jackson Lewis Employment visa Lawyer border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

(703) 483-8300
Amy L. Peck, Immigration Attorney, Jackson Lewis, Worksite Compliance Lawyer
Principal

Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

Ms. Peck is a member of the AILA National Verification Committee, which liaises with USCIS, ICE and OCAHO on I-9, E-verify and related worksite issues. Ms. Peck recently served on the AILA National USCIS Benefits Committee, the Interagency Committee, the Annual Conference Committee, previously chaired the AILA FOIA Liaison Committee, the AILA Comprehensive Reform Committee (2010-2011) and is a founding member of the Global Migration Action Group (2009 to present). She served as Chair of the AILA National Executive Office for Immigration Review (EOIR) liaison committee (2008-2010). Ms. Peck also served as Chair of the Strategic Planning Committee for AILA (2008-2009) and served on the Spring Conference committee (2008-2010). She was chosen as the editor of the AILA Midyear Conference materials in 2010, and past Chair of the Immigration and Customs Enforcement (ICE) liaison committee (2004-2006). She is past Chair of the AILA Iowa-Nebraska chapter (2001-2003), and previously served as its treasurer (1999-2000).

(402) 391-1991
Marko C. Maglich, Jackson Lewis, Merger transactions attorney, workplace enforcement lawyer
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Marko C. Maglich is a Principal in the White Plains, New York, office of Jackson Lewis P.C. Prior to joining the firm, he directed the corporate U.S. immigration practice of a large international law firm.

Mr. Maglich practices immigration law exclusively, and is a member of the firm’s Immigration practice group. Mr. Maglich’s practice deals with all aspects of business-related visas, compliance by employers and individuals with U.S. immigration law (including in M&A transactions and workplace enforcement), and in...

914-872-8060
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