Greetings:
As you know, we have been working hard to get permanent resident cases filed
in July. Here is the summary of events:
1. June 13th, the Department of State announced that all of the employment
based visa categories would be "current", meaning that IF a person had a
PERM approved, they would be able to immediately file for permanent
resident status. This included spouses, children, and allows for work
authorization.
2. We notified all of our clients and employers of the visa availability
and that the earliest filing date for cases would be July 1st. Normally the
visa bulletin that is issued by the State Dept. is valid for one month, and
then the visa lines move again for the next month. The lines can move
forward, backward, stay put, and sometimes, the door closes.
3. We asked our clients to get medical exams done and sign all of the forms
for adjustment of status/permanent residence as soon as possible. This was
particularly good news, that we could file immediately, because the
Immigration Service is raising all of the filing fees, effective July 30th.
The fees are going up substantially.
4. On July 2nd, yesterday, the State Department basically reversed it's
position. It claims that the Immigration Service processed 60,000 visa
applications between June 13th and July 2nd and so all of the visas for the
rest of the fiscal year have been claimed. The State Department and USCIS
have closed the door.
5. This leaves many clients and employers disappointed. Hopes were high
and then dashed by the State Department. In the 20 years that I have been
practicing, this is only the second time I have seen this happen, and the
first time was last month with the unskilled worker category and it happened
in the middle of the month.
6. The American Immigration Lawyers Foundation is the professional
organization that we belong to, as immigration attorneys. It has a
litigation component to it, and the AILF is preparing a lawsuit to sue the
government over this mishandling of the visa process. AILF needs good
plaintiffs - employers and employees who feel they have been damaged by this
error and who are willing to stand up and speak out. Legal representation
on this lawsuit would be free. If there are no plaintiffs, there will not
be a lawsuit. The goal of the lawsuit is to make the Immigration Service
continue accepting the permanent resident applications through the month of
July. If you are willing to be a plaintiff, please let me know immediately.
Time is of the essence.
7. AILF is encouraging employees/attorneys to continue trying to file the
applications - even if they are rejected. This makes the lawsuit stronger.
It is, however, a pain and extra work. Because, it means that we are
rushing to get these cases filed, they will be rejected and have to be
re-filed lated, unless the lawsuit is successful. I am willing to continue
to file, but will let you decide. If you want us to proceed, please respond
to this e-mail and indicate your preference.
8. IF nothing happens with the lawsuit, it is likely that we will be able
to file your permanent resident case in October or November when the new
fiscal year begins. So, it is not a huge delay, but just an immediate
disappointment.
I look forward to hearing from you and would be happy to answer any
questions that you might have concerning the State Department's actions.
Take care -