Department of State Issues August 2007 Visa Bulletin: July Revision Is Rescinded; August Numbers Unavailable

The United States Department of State (DOS) has released its August 2007 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant visa applications.

What Does the August 2007 Bulletin Say?

All employment-based preference categories are unavailable for August. At this time, it is uncertain whether any numbers will be returned to be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, the beginning of the new fiscal year.

All preference categories, except EB-3 Other Workers, are current for July. Effective immediately, foreign nationals in all categories (except EB-3 Other Workers) are eligible to file adjustment of status to permanent resident applications, or obtain approval of an immigrant visa application at an American embassy or consulate abroad. After consulting with USCIS, the Visa Office rescinded Visa Bulletin #108 (dated July 2) and announced that Visa Bulletin #107 (dated June 12) is operative and should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability.

In addition, DHS Secretary Chertoff advises that:

1. USCIS will retain AOS applications already filed during the month of July.
2. USCIS will reopen the filing window for a 31-day period from July 18 through August 17, 2007, in order to provide the same filing opportunity people would have had if the original July Visa Bulletin had not been revised.
3. Filers will be able to pay the July filing fees during the entire window period rather than the increased fees otherwise scheduled to take effect in August.

Unfortunately, it does not appear that today's announcement helps the EB-3 Other Workers whose applications were rejected in June.

How This Affects You

While AOS applications will be accepted, the retrogression of cut-off dates announced in the August Visa Bulletin means that receipted cases will be held in abeyance and will not be adjudicated until numbers again become available. However, applicants will be eligible for Employment Authorization Documents (EADs), Advance Parole, and adjustment portability, barring a change in current law.

Cut-off dates can move forward or backward, or can remain static. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the August 2007 Visa Bulletin in its entirety, please visit the U.S. Department of State website at http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html.

Note Regarding Summer Travel

We strongly urge foreign nationals who are eligible to apply for adjustment of status not to travel outside the United States in the coming months. Please be advised that an adjustment may not be filed unless the foreign national is physically present in the United States. In addition, once the adjustment application has been filed, foreign nationals who currently hold H or L status may not return to the United States without the I-485 Adjustment receipt notice, and individuals in any other status may not leave the United States without Advance Parole.

Morgan Lewis & Bockius will continue to monitor this process and will update you with any new information. If you have any questions about any of the issues raised in this Morgan Lewis Immigration Alert, please contact:

Eleanor Pelta
202.739.5050
epelta@morganlewis.com

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