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July 07 Oversubscription
Newsflash
In an unprecedented combination of incompetence and disregard, the State Dept. has backtracked on its promise made just weeks ago to make employment-based categories current in July 2007.  Instead, government officials have decided to close all employment-based immigration categories, despite the recent extraordinary efforts on the part of immigrants and their attorneys to prepare four years of applications in just a few weeks based on the July Visa Bulletin. The text of the announcement is as follows:

Visa Bulletin

Number 108
Volume IX
Washington, D.C.

UPDATE ON JULY VISA AVAILABILITY

The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates.  All Citizenship and Immigration Services Offices have been notified of the following: 

Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases.  All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. 

Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.  

Department of State Publication 9514
CA/VO: July 2, 2007

The USCIS also announced that it will reject all employment-based applications for adjustment of status.

A lawsuit is planned to challenge this action.

The American Immigration Lawyers Association (AILA) issued the following press release:

"WASHINGTON, D.C.--The American Immigration Lawyers Association strongly condemns the bait and switch perpetrated by the federal government on thousands of intending immigrants who have waited in line for years and were following the rules for obtaining a "green card."

On June 13, 2007, the U.S. State Department announced that, as of July 2, individuals seeking permanent residence ("green cards") through employer sponsorship finally would be allowed to proceed with their applications. Applicants would have a short window, possibly only through July or perhaps August, to complete their paperwork.

Those intending immigrants, immediately and at great expense, rushed to gather final documents, complete their paperwork and obtain required medical exams. Many sent their applications off on Friday, June 29 for arrival on July 2 at the Department of Homeland Security, for the last phase of the multi-step process that leads to a green card.

However, on the very day the door was to open, DOS and DHS slammed it shut.

On July 2, DHS and DOS announced-based on no different information than they had on June 13 when they announced the opening of this filing door-that all applications would be turned away.

"People ask why those who come to the United States illegally can't just follow the rules," said Kathleen Campbell Walker, President of the American Immigration Lawyers Association. "But here people followed the rules and did everything right, yet without warning or explanation the door was slammed in their faces. This hoax perpetrated by these two government agencies is unconscionable, and is an example of how badly our immigration system is broken."

AILA calls on the Administration to do the right thing and keep its promise to the people affected by this sudden reversal. AILA also calls on Congress to get it right this time and fix our badly broken system."

On July 11, a Congressperson asked the USCIS to explain itself (click here for text of letter).

Hopefully, those who prepared adjustment applications will be able to use them again soon, perhaps when the EB quota opens up again on October 1.  Medical exam results are good for one year.

 

 

 

 

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