Tuesday, July 17, 2007

USCIS Admits Major Error And Will Accept Some Employment-Based Applications

In an early-evening announcement on July 17, 2007, USCIS announced that it will immediately start accepting employment-based applications to adjust status if the priority dates were current under the original July visa bulletin (number 107) as long as they are filed on or before August 17, 2007.

In mid-June 2007, the State Department and USCIS announced that for the 31 days of July, numerous employment-based applications on form I-485 for adjustment of status could be filed. Suddenly and shockingly, on July 2nd, USCIS announced it would not accept any of them at any time in July, breaking the promise it made in mid-June 2007.

Numerous people were rightly outraged by the broken promises of USCIS -- many of whom spent a great deal of time and money to make sure they could file their applications in early-July. With today's announcement, USCIS essentially and correctly admitted its terrible mistake and will start accepting the applications it should have already been accepting. Too bad that a number of applicants have wasted various fees for FedEx or overnight delivery. But at least they probably will be able to go ahead like USCIS promised in mid-June. USCIS also announced that they will accept those applications for this type of I-485 under the current filing fees, rather than the big fee increase for other applications after July 30.

It is too bad that USCIS broke its promise and caused so much stress and anxiety for employment-based applicants who followed all of the seemingly-arbitrary rules that the immigration authorities announced.


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