USCIS Will Reject All Employment-Based Adjustments In Light of Visa Bulletin Update

July 2nd, 2007

According to USCIS, “The Department of State has revised its July Visa Bulletin to reflect that all available employment-based immigrant visas have been allocated for fiscal year 2007. As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to adjust status (Form I-485) filed by aliens whose priority dates are not current under the revised July Visa Bulletin.” USCIS, July 2, 2007.

Also, according to Visa Bulletin, Number 108, Volume IX Washington, D.C.: UPDATE ON JULY VISA AVAILABILITY: “The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment- based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation. Department of State Publication 9514 CA/VO: July 2, 2007”

The American Immigration Lawyers Association strongly condemns what they call an illegal and unjust act perpetrated by the federal government on thousands of aliens who have waited many years and followed the rules to obtain their legal permanent residency (green card).  AILA states that it will sue the federal government to reverse this unconscionable switch and bait.  Let’s hope that AILA is successful in challenging USCIS and US Department of State!