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Update On July Visa Availability

Demand for immigrant visa numbers this fiscal year remains very high. As a result, The Department of State (DOS) announced today, July 2, 2007, that it has made "immediate adjustments" to "several previously announced cut-off dates," and that it has notified USCIS that, as of today there will be no further authorizations for use of employment-based numbers. The DOS notice, which is available at http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html, indicates that no further numbers will be available until October 1, 2007. Please note this does not guarantee that your priority date will be current on October 1, 2007. USCIS announced this afternoon that, effective today, it is rejecting all employment-based adjustment of status applications where the priority date is not current under the revised visa bulletin. If you are interested in discussing this recent development further, please contact our office immediately.

This is an unprecedented action, given that in June, the July, 2007 Bulletin was published showing availability in all categories (except "Other Worker") for July. There are serious issues of legality, so litigation will likely be pursued. Applicants who file and are rejected have a very good chance to be included in the "class" of affected plaintiffs. Therefore, if you had planned on filing an I-485 in July, you may still want to file. You should consult your attorney to discuss this issue. .

POSTED: JULY 2, 2007

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