内部消息全文转抄:有关移民名额和体检
Posted by 谢律师 on June 29, 2007 at 16:10:38
Update on Rejection of June “Other Worker” Adjustment Applications and What This Means for July USCIS has confirmed to AILA liaison that it will continue to reject all "Other Worker" (EW) I-485 applications in June, even if they have priority
dates prior to October 1, 2001, the cut-off date in the State Department Visa Bulletin for June 2007. USCIS has informed AILA that the Visa Office at
DOS advised USCIS that the visa allocation in the "Other Worker" (EW) category was exhausted on or about June 5, 2007. USCIS is treating that advisory from DOS as a determination that there is no longer an "immigrant visa … immediately available" under INA §245(a)(3). The USCIS implemented the rejection policy shortly after receiving the advisory from DOS, though no public notice of that policy was ever made. AILA believes that the rejection policy is contrary to the regulation at 8 CFR §245.1(g)(1), and has urged USCIS to reverse this policy. USCIS continues to refuse to do so. A copy of the memo by the USCIS Liaison Committee to USCIS is attached. If you have attempted to file an EW I-485 based on the June Visa Bulletin and it has been rejected, please let AILA liaison know by e-mail at reports@
aila.org. Put "EW Rejection" in the subject line. What Does This Mean for Employment-Based Cases Filed in July? The impact of the rejection policy on adjustment filings in July, when all employment-based categories except EW are "current" according to the July Visa Bulletin, is of concern. Sources in USCIS have told AILA that approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, and that the USCIS alone has far more than that number of adjustment applications in the backlog queue that are ready for approval.The State Department will also be allocating visas to applicants abroad. Thus, it is possible that limits will be reached within a short period in July. The exact date has not been predicted. AILA members should be aware that USCIS has not finalized policy on accepting and processing of I-485 applications in visa categories in which allocation is exhausted in a month in which the current Visa Bulletin shows visa availability. At this time, however, it is possible that, based on the treatment of EW I-485s in June, USCIS may again reject employment-based adjustment applications mid-month, even though the Visa Bulletin shows visa availability. If USCIS does reject these applications in July, AILA will want sample cases, with information sent to reports@aila.org, subject "EB
cut-off rejections." Medical Examinations Because of reports in some locations of lengthy delays in obtaining appointments with authorized physicians for medical examinations, many members have asked if USCIS will accept adjustment applications in July and later without the medical examination report in the initial filing packet.
USCIS has refused to agree to accept the package without the medical examination report. Members are cautioned that a medical examination report is considered "initial evidence," and the absence of the report from an adjustment of status application can result in rejection of the application,RFE, or denial of the application under the April 17, 2007, USCIS
regulation "Removal of the Standardized Request for Evidence Processing Timeframe" (72 Fed. Reg. 19100, April 17, 2007) [AILA InfoNet AILA InfoNet Doc. No. 07041860 (posted Apr. 18, 2007)], and the June 1, 2007, Interoffice Memorandum from Donald Neufeld, Acting Associate Director of Domestic Operations, "Removal of the Standardized Request for Evidence Processing Timeframe Final Rule" (HQ 70/11, 70/12, AFM Update AD 07/05)[AILA InfoNet Doc. No. 07062171]. While, obviously, RFE would be the desirable result here, there is risk that the result instead would be rejection or denial. AILA Liaison will provide updates as more information is obtained. Cite as "AILA InfoNet Doc. No. 07062770 (posted Jun. 27, 2007)" 上述消息来自美国移民律师协会。Reader's discretion or judgement is advised. 仅供参考。这里的简单介绍是谢律师为华人社区宣传介绍法律信息而作，多半为学术探讨性质，并
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