July 2007 Priority Dates Go
From “Current” To “Unavailable”
by Michael J. Gurfinkel
In mid June 2007, the U.S. State Department announced that the
priority dates for all workers (except unskilled workers) would
be “current”. That meant that visas (or green cards)
were to be available, enabling those workers in the US who had
approved Labor Certifications and\or Employment Based petitions
(Form I-140) to immediately file for adjustment of status (Form
I-485) and work authorization (Form I-765), regardless of their
priority date.
In fact, at the annual conference of the American Immigration
Lawyers Association (AILA), held in Orlando in mid June, this
was the talk of the conference. Many attorneys were working overtime,
in order to prepare their clients’ adjustment of status
and work authorization applications to be ready for filing when
July rolled around.
However, on July 2, 2007 (the first day that anyone could file
for adjustment of status and work authorization) the U.S. State
Department announced that it was “revising” the July
2007 priority dates, by making all employment-based categories
“unavailable” until at least October 1, 2007. In other
words, all Employment Based visas have suddenly been used up thru
October 2007.
The USCIS also noted that as a result of the State Department’s
announcement (that no more visas would be available for employment-based
categories), USCIS would be rejecting all adjustment of status
applications (Form I-485) filed by aliens whose priority dates
are not current under the revised July 2007 Visa Bulletin. Since
all employment based priority dates would not be current, then
all adjustments would be rejected.
So it appears that what the government giveth, the government
taketh away. After announcing that visas would be available in
July 2007, (thus enabling most employment-based aliens to file
for adjustment of status and work authorization), the government
changed its mind, and said no more employment-based visas (or
green cards) would be issued until at least October 2007.
We will continue to monitor the situation, and keep you updated
as developments arise. But for now, it would seem that if anyone
files for adjustment of status or work authorization, their applications
will be rejected by USCIS.
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