USCIS Reverses Course

July 2007

The U.S. Citizenship and Immigration Service (USCIS) announced on July 17, 2007 that effective immediately it would begin accepting adjustment of status applications that were eligible to be filed pursuant to the July Visa Bulletin (#107).  Visa Bulletin #107 had indicated that all employment based preference categories were current.  Many employers and employees prepared to file adjustment of status applications in July.  In an unprecedented move the Department of State issued a revised July Visa Bulletin (#108) on July 2, 2007, the first day that applications could have been accepted, which announced that immigrant visa numbers had been exhausted.  The USCIS also announced on July 2, 2007, that it would reject any applications where an immigrant visa number was not available.  

The Department of State has now withdrawn Visa Bulletin #108.  The USCIS has stated that applications will be accepted for the same period of time that they would have been able to have been filed in July.  Applications will be able to be filed from July 17, 2007 to August 17, 2007.  In addition, the USCIS has announced that applications filed during this period will be able to use the fee schedule in effect prior to July 30, 2007.  The new fee schedule effective July 30, 2007 will apply to other applications filed on or after July 30, 2007.

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