Clarify some concepts and misunderstandings about visa number and cut-off dates:
About cut-off date influence on I-485 filing:
When applying for adjustment of status (I-485) the applicant must be immediately
eligible for the immigrant visa at the time of filing, unless the immigrant is
qualified to apply based on a special program. The clerk must determine the
immigrant classification that makes the applicant eligible for adjustment.
Using the priority date of the immigrant visa petition, the clerk is responsible
for determining visa availability.
If the contractor has identified a lack of visa availability, INS must review the application to determine if it should be rejected using the priority date of the immigrant visa
petition.
About influence on correctly filed I-485 decision:
Visa Hold:
If the applicant of the I-485 meets interview waiver criteria and all of the
required evidence is acceptable and present but the visa is no longer
immediately available due to processing time between filing and adjudication
of the application, the case will be placed in a processing hold. If you place a
hold on a principal applicant, the same must be done for each dependent.
About processing of I-485 after it is accepted:
When an alien files with the Immigration Service, he or she is sometimes
assigned an Alien Registration Number (A-number).A search of CIS must
be conducted to determine if the applicant has previously been assigned an Anumber
and/or to validate his/ her alleged number. Searches may also reveal
that the applicant has a violation. If multiple A numbers are identified during
CIS review or a violation is found, the case is sent to the Case Resolution
Unit (CRU). CRU will determine the appropriate A number as well as any
other corresponding files for that applicant. Background information from an
American consulate or embassy may be required via the G-325A Biographic
Information form. If required, G-325A processing will be initiated at this
point.
After conducting the CIS check, the I-485 application should be reviewed for
the G-325A. A G-325A should only be processed if the applicant entered the
United States as a nonimmigrant less than one year prior to the current
calendar date of review.
After the I-485 has been received and a CIS check has been performed, Data
Entry is responsible for receipting the I-485, I-765, and I-131 into CLAIMS
GUI. Once the information from the I-485 is entered into CLAIMS, a record
for the applicant is uploaded to CIS. If there is no prior record in CIS,
CLAIMS will create one. If a prior record exists, CLAIMS will update the
record with the data entered from the I-485.
Once information from the application has been data entered, the applicants
photograph, signature and fingerprint images should be scanned.
File Maintenance operations stages or holds files that are received from
Data Entry and are waiting to receive responses to requests for files related to
the A-number as identified in CIS. Once these files are delivered to the
Service Center, they are consolidated into one file. This process is known as
Consolidation.
In addition, File Maintenance stages all files while they are awaiting
fingerprint responses from the FBI, fingerprint fee receipts, I-765 photo
requests and G-325A responses. Once these responses are returned, they are
matched up with the appropriate file. This evidence-consolidating process is
known as File Connect.
Finally, File Maintenance checks all files to ensure that the appropriate
responses and files have been received. If they have not, File Maintenance
routes the file accordingly. This process is known as purging, and will be
more specifically defined in this section.
There are several record checks that must be performed before an applicant
for adjustment of status can be granted a benefit. These record checks are
performed by other government agencies in cooperation with INS. The
Central Intelligence Agency (CIA), the Department of State (DOS) and the
Federal Bureau of Investigations (FBI) all perform specific background
checks. Each specific background check is outlined below.
About CIA Records Checks:
The CIA performs a record check on each I-485 applicant. The information
utilized by the CIA is gathered from the field offices and service centers
through the creation of records via the I-181 for field offices or receipting of
the I-485 application into CLAIMS 3.
About Consulate/Embassy Records Check:
The Department of State will also conduct a record check abroad if the
G-325A is processed and forwarded to the consulate/embassy where the
applicant last was granted a nonimmigrant visa. However, the G-325A is
sent to the consulate only when the applicant was issued a nonimmigrant visa
one year ago or less. This limitation is imposed because the Department of
State generally destroys the nonimmigrant visa application when the date of
issuance is one year old.
About FBI Name Check:
A name check with Division 4 of the FBI is initiated electronically by the
CLAIMS 3 receipt of the I-485. If no response is received within 60 days
after the C3 entry is made, the CAO may proceed with the I-485 adjudication.
Positive responses are sent to the local Law Enforcement Support Center who
will send the relating material within 48 hours of receipt or contact to the
Service Center POC holding the I-485 to ensure that adjudication of the I-485
is withheld until the third agency material is obtained and reviewed.
About FBI Records Check:
Fingerprints are a requirement for every applicant age 14 through 79 years old
to determine if they have a criminal history. The INS will send the applicant
a notice to appear for fingerprinting at an Application Support Center (ASC)
located within the jurisdiction of their residence.
About FBI Fingerprint Response:
At the time of adjudication, the file will contain a screen print of either FBI
Query or the CLAIMS-based MRD Fingerprint Tracking System to indicate
the present status of the fingerprint checks. Fingerprints may be requested
prior to relocation according to local policy. The response is valid for 15
months from the date the FBI processed the fingerprints.
(About J-1 waiver: Form I-612 cannot be submitted concurrently with the I-485; however, if the USIA no objection letter is submitted, the Center will accept it and work it. If
the I-485 is accompanied by an approval notice for Form I-612, the applicant
has met the waiver requirement. If the evidence is not provided, prepare an
RFE.)
About visa number:
DETERMINATION OF NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER TERMS OF IMMIGRATION & NATIONALITY ACT (INA)
The State Department is required to make a determination of worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by the USCIS regarding the number of immediate relative adjustments in the proceeding year and the number of aliens paroled into the U.S. under Section 212(d)(5) in the second proceeding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for USCIS to provide data, the Visa Office (VO) has always based allocations on the minimum annual limits outlined in Section 201 of the INA.
About visa number for 2005:
The Department of State has determined the annual family and employment preference numerical limits in accordance with the terms of Section 201 of INA. These numerical limitations for FY2005 are as follows:
• Worldwide family-sponsored preference limit: 226,000
• Worldwide employment-based preference limit: 148,449
Under INA 202(a), the per-country limit is fixed at 7% of the family and employment preference annual limits, i.e., 26,211. The dependent area limit is set at 2%, or 7,489.
(GENERAL INFORMATION FOR VISA NUMBER. WHEN CAN WE KNOW THE VISA NUMBER FOR FY2006?)
About visa retrogression predict by VISA BULLTIN, JULY 2005
F. VISA AVAILABILITY BASED ON THE “RECAPTURE” OF EMPLOYMENT-BASED NUMBERS
Title V, Section 502 of the REAL ID Act of 2005 (Division B of Pub. L. 109-13 enacted May 11, 2005) provides for the recapture of 50,000 Employment-based immigrant visa numbers that were unused in fiscal years 2001 through 2004. Such numbers are to be made available to Employment-based immigrants described in the Department of Labor's Schedule A and their accompanying spouses and children. The immigrant classification for these 50,000 visa numbers has been designated as Schedule A Worker with the category symbol being “EX”. Beginning immediately, “EX” visa numbers may be allocated to Schedule A immigrants and their dependents only; all other immigrants within the Third preference will continue to use the traditional Third preference classification. Note that any Schedule A applicant will first be eligible for a visa number under the traditional Third preference cut-off date. “EX” visa numbers may be allocated to all Third preference Schedule A applicants from all countries, including China, India, and Philippines, only if their priority date is beyond the established Third preference cut-off date or if the Third preference category is “Unavailable”. The “EX” category is CURRENT, and will remain Current for the foreseeable future.
July 2005
(IT’S NOT TRUE)
About visa number for 2006:
EMPLOYMENT VISA AVAILABILITY FOR FY2006
Backlog reduction effects of both USCIS and the Department of Labor continue to result in very heavy demand for employment based numbers. It is anticipated that the amount of such cases will be sufficient to use all available numbers in many categories. As a result cut-ff dates in the Employment Third preference category will apply to the China, India and Philippines chargeabilities beginning in October, and it is possible that Mexico may be added to this list. In addition, it is anticipated that heavy demand will require the establishment of a Third preference cut-off date on a worldwide basis by December.
The amount of employment demand for applicants from China and India is also likely to result in the oversubscription of the Employment First and Second preference categories for those chargeability areas. The establishment of such cut-off dates is expected to occur no later than December.
The level of demand in the employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.
(IT’S EVEN EAILER THAN DECEMBER. THE BAD NEWS IS THAT THE CUT-OFF DATE MOVEMENTS ARE LIKELY TO BE SLOW)
About visa cut-off date movement prediction in October VISA BULLTIN
E. EMPLOYMENT PREFERENCE VISA AVAILABILTIY
Item D in the Visa Bulletin (number 85) announcing the September cut-off dates provided information regarding the prospects of visa availability during the early months of FY-2006. Many categories have become oversubscribed for October, and cut-off dates established due to continued heavy demand for numbers by CIS for adjustment of status cases. Forward movement of the cut-off dates in these categories is likely to be limited.
About if REAL ID or refugees influence other visa availability:
IRs that are adjudicated to completion (IR-0 and IR-7, unmarried child/parent
of USC), do not require that a visa number be allocated. Refugees and HRIFA applicants do not require a visa number either.