VISANOW Voice Newsletter - July 2007

Revisions to Procedures for Adjustment of Status Applications

The US Citizen and Immigration Services (USCIS) announced on July 17th that it will again begin accepting employment- based applications that became current during the originally posted July Visa Bulletin (July Visa Bulletin, No. 107). The USCIS will accept applications up through August 17, 2007. This is a significant announcement that was largely brought about due to the public reaction to the announcement on July 2nd that rescinded the July visa bulletin.

On July 2, 2007, the USCIS had announced they would no longer accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State (DOS) that it would not authorize any additional employment-based visa numbers for this fiscal year. This was following the June movement by the DOS of the majority of employment based numbers to current for the first time since September 2005.

Additionally, the current fee schedule will apply to all applications (except the I-140) filed under Visa Bulletin No. 107 through August 17, 2007. The new fee schedule (see below) that goes into effect on July 30, 2007 will apply to all other applications filed on or after July 30th.

New USCIS Fees Take Effect July 30, 2007

The USCIS recently announced a final fee structure increase effective July 30, 2007 that will impact a number of common visa applications. Included in the increase are the H-1B, the L1A / L1B, the TN and significant jumps to the Green Card Exceptional Worker and the Green Card Exceptional Worker with Work and Travel. Both the H-4 and the I-485 dependent visas will also be increased. See below for key details or click here for a full listing of the revised fee schedule.

The rule also includes some benefits for families with children and expands the availability of fee waivers and exemptions. Key revisions include a 25 percent reduction to the proposed filing fee for Form I-485 (Adjustment of Status to Permanent Resident) for children 14 years old or younger, translating to a $360 decrease from what was proposed for a family of two adults and two children filing together. The rule will also allow a one-time free extension of approved orphan petitions for prospective adoptive parents, and expands the availability of fee waivers for some adjustment of status cases that arise from asylum or other humanitarian categories, and certain juvenile immigrants. Finally, USCIS will be able to waive the $80 biometric fee, in addition to the application/petition fee, on an individual basis.

The USCIS project these fee increases will lead to a 20% drop in average application processing times by the end of fiscal year 2009 and will ensure sufficient funding for national security, customer service improvements, and new technology and business process platforms.

* I-485 for dependents under 14 years of age are charged slightly lower fees

Suspension of Premium Processing for Form I-140 Extended

The USCIS has extended the temporary suspension of Premium Processing Service for Form I-140 (Immigrant Alien Worker Petitions) which was previously announced on June 27, 2007 and became effective on July 2, 2007.

Anticipating that the volume of Form I-140 petitions filed that request Premium Process Service will continue to exceed their capacity, the suspension will continue until further notice. Premium Processing Service guarantees that within 15 calendar days of receipt of a petition, USCIS will issue an approval or denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation.

The USCIS will continue to evaluate their capacity and will reinstate the service once they feel they can process these cases within 15 calendar days of receipt.

Receipt Notice Update

The USCIS has acknowledged that there have recently been delays in their issuance of receipt notices following the receipt of application fees. As such, they have outlined their projected compliance dates for properly issuing receipt notices. The dates vary by Service Center and by application and range in dates from July 28 - October 26, 2007.

In all receipt notices, there is a “Received Date” and a “Notice Date.” The received date should be the date the document was received in the USCIS office where as the “Notice Date” is the date the receipt notice is generated. The USCIS assures all customers the date in which the documents are received will be honored as the receipt date. Additionally, the differential between Received and Notice Date will not affect the Change of Status or Extension of Stay eligibility as long as all the requirements have been met.

California Service Center Now Issuing Delayed Form I-797 Approval Notices

The California Service Center has resolved a delay in issuing approval notices for Form I-797s. Delayed approval notices were expected to be received by affected customers by July 20, 2007. Affected customers who have not received a notice (ex. if you checked the online system and it indicates that your case was approved and you have not received an approval notice), may submit an inquiry for review to CSC.NoNotice@DHS.Gov. Make sure to include your receipt number with your inquiry.

USCIS Prevents Use of Pre-paid Mailers

The USCIS has announced that effective July 30, 2007, they will no longer accept pre-paid envelopes submitted with immigrant and non-immigrant applications. Prior to this date, the public was allowed to provide such an envelope in order to expedite their receipt of approval, receipts or documentation. The reason for this change is that it has caused in undue burden on the part of the USCIS to handle such requests. At times, incorrect account numbers have been provided for these envelopes, leading to increased costs for the USCIS.

If envelopes are submitted in the future, they will be discarded. The only exception to this rule is for Refugee cases and Re-entry permits and only according to specified guidelines, including use of Express or Priority mail with appropriate postage.