USCIS Announces Green Card Goals and Interfiling Guidelines

USCIS Announces Green Card Goals and Interfiling Guidelines

USCIS updated the Green Card for Employment-Based Immigrants page with an alert about green card processing, noting the “exceptionally high number” of visas available and the Department’s goal for using all visa numbers prior to the start of the new fiscal year on October 1, 2022. On the same page, USCIS also noted updated guidelines for requesting a transfer of underlying basis, also commonly known as “interfiling” for Form I-485. USCIS notes the requirements for requesting a transfer of basis and establishes an address to where the requests should be directed.

From USCIS:

ALERT: There are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022).

There are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022). In partnership with the U.S. Department of State, we are committed to attempting to use all these visa numbers. There are many more visas available in the first (priority workers) and second (workers with advanced degrees or of exceptional ability) employment-based categories than pending adjustment of status applications pending with USCIS.

If you are eligible, please consider applying in the first or second employment-based preference categories. If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS “transfer the underlying basis” of your pending application to the second employment-based preference category.

For more information, please see the section called “Transfer of Underlying Basis” below.

Transfer of Underlying Basis

You may be eligible to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status, to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers. USCIS may, in its discretion, grant a transfer request, if:

  • You have continuously maintained eligibility for adjustment of status;
  • Your adjustment of status application based on the original Form I-140 is still pending;
  • You are eligible for the new immigrant category; and
  • You have a visa immediately available in the new immigrant category.

You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 2022, USCIS has created a new point of contact that should be used to request a transfer of the underlying basis of employment-based Form I-485s. Through September 30, 2022, you may submit your written request, with a completed I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)(if required), to the following address:

U. S. Department of Homeland Security
USCIS Western Forms Center
10 Application Way
Montclair, CA 91763-1350

USCIS strongly encourages applicants to send their transfer requests to the above address.  If you have already submitted a transfer of underlying basis request to a USCIS office, you should not submit a new request to this address. All requests to transfer the underlying basis already received or that will be received this fiscal year at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485.

The purpose of the Supplement J is to confirm the validity of the job offered to you in the petition you want to use as the basis for your transfer request.

  • If you are requesting to transfer your underlying basis to a previously filed and approved Form I-140, you must submit I-485 Supplement J with your transfer request.
  • If you are requesting to transfer your underlying basis to a Form I-140 that remains pending, you do not need to submit I-485 Supplement J.

USCIS does not provide a written response to transfer requests.  However, USCIS will issue receipt notices for the Supplement J.

You do not have to submit a new adjustment of status application or filing fee with a request to transfer the underlying basis of your Form I-485 from one petition to another. For more information on transferring the underlying basis of your Form I-485, see theUSCIS Policy Manual.

NOTE: If you are requesting a transfer of underlying basis that is not a transfer from one employment-based petition to another employment-based petition, you should continue to submit your transfer request, in writing, to the USCIS office with jurisdiction over your pending application.

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Proposed Immigration Language for Green Card Fees & Issuance

UPDATE: Senate Parliamentarian Rejects Option for Including Immigration Proposals in Reconciliation Bill

The House Judiciary Committee approved some immigration language to include with the upcoming budget reconciliation bill, which would allow some applicants the ability to pay an extra fee to be issued their green card. On September 20, 2021, the Senate’s nonpartisan parliamentarian determined that Democrats could not include the language in the bill, calling the language “by any standard a broad, new immigration policy.” She noted that these provisions would not be allowed in the bills if the budget effect is “merely incidental” to the overall policy impact.

Although a House committee approved the language, there are still several steps before the bill is brought to the House and Senate for a vote. If passed by both branches of Congress, the bill would be sent to the President for signature before implementation. Below is a summary of the proposed language, but please note this language could change significantly before potential approval.

Summary of Immigration Language

  • House Judiciary Committee approves immigration language for the reconciliation bill
    • New section in INA that would allow anyone in 4 categories to adjust status if they pay a supplemental fee of $1,500 and pass security/law enforcement checks and medical exam
      • Categories are Dreamers, essential workers, TPS, DED
      • Essential workers:
        • continuously physically present in the US since 1/1/2021
        • Demonstrated a consistent record of earned income in the US in an occupation listed in DHS’ Advisory Memorandum on Ensuring Ability to Work During the COVID from 1/31/2020 to 8/24/2021 Essential Critical Infrastructure  Workers
      • Recapture of unused immigrant visa numbers
        • Recapture of family and employment visas that went unused between 1992 and 2021 and automatically recapture unused numbers going forward
        • DV visas remain available from 2017 to 2021 if visa refusal was due to Trump visa ban or COVID slowdowns
      • DHS may accept AOS if the beneficiary of an approved I-130, pays a supplemental fee of $1,500 plus $250 for each derivative beneficiary and is otherwise eligible to adjust
        • DHS may exempt applicants from family numerical limits if they have a priority date more than 2 years old and
          • Applying in FA-1, FA-3, FA-4 and pay $2,500
          • EB-1, EB-2, or EB-3, and pay $5,000
          • EB-4 and pay fee of $50,000
        • Would take effect 180 days after the date of enactment or May 1, 2022, whichever is earlier
        • Additional supplemental fees
          • Family 1st, 2nd, 3rd, and 4th green card petitions shall have a new $100 supplemental fee. EB-1, 2, and 3 petitions shall be accompanied by a new $800 supplemental fee. EB-5 petitions shall be accompanied by a new $15,000 supplemental fee.
        • USCIS shall be appropriated $2.8 billion to increase their capacity to handle the new programs under 60001 and 60003.

Connecting with Challa Law Group

Join us on Wednesdays for a live webinar at 12 PM ET on critical immigration updates

Don’t miss out on the immigration news! You can sign up for our mailing list or follow us on FacebookTwitterInstagramYouTube, or LinkedIn. You can also join our Telegram community.

Contact us at info@challalaw.com or 804-360-8482 to get your case started today.

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