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| Ending the I-485 Standstill in the EB-3 Classification |
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| Written by Kimberly L. Johnson | |
| Tuesday, 18 April 2006 | |
| In an April 10th newsflash from the Nebraska Service Center, the Center announced that on April 12th it would implement a preadjudication initiative to resume adjudication of I-485 Applications to Adjust Status that have been at a standstill due to the retrogression of priority dates and unavailability of visa numbers to many beneficiaries of employment-based applications. While the I-485 cannot be approved until a visa number is made available, these measures are in effort to process cases to the extent possible up to the visa request stage. This means that even on cases caught in the backlog, adjudicators will issue notices requiring timely responses (such as Requests for Evidence and Fingerprint Notifications) and will consider whether cases are eligible for approval. Applicants who do not meet requirements or fail to respond to Requests for Evidence may be subject to denial of their application at all times, however those who are found to be eligible to adjust to permanent resident status will have their cases forwarded to a designated area where the cases will be reviewed monthly for visa availability. While taking these measures to assist adjustment applicants, the NSC also asks the cooperation of applicants in the way of withholding inquiries on employment-based I-485 cases within the 90 days following the release of a current priority date. |
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