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.