News > Adjustment of Status Applications to Be Accepted for Certain Workers

Adjustment of Status Applications to Be Accepted for Certain Workers

On September 12, the U.S. Department of State (DOS) announced that certain workers will be eligible to apply for permanent residence as of October 1, 2007. They include:

• All first-preference priority workers, including qualifying multinational executives and managers, aliens with demonstrated extraordinary ability, and outstanding professors and researchers

• Second-preference workers, including members of professions holding advanced degrees and persons of exceptional ability, from all countries except China (mainland-born) and India

• Certain special immigrants, including religious workers

• Immigrants qualifying for permanent residence based on employment creation.

New adjustment of status applications will not be accepted for third-preference skilled workers, professionals, and "other workers" with priority dates after the cut-off dates listed in the October Visa Bulletin, available at www.travel.state.gov.

Section 201 of the Immigration and Nationality Act allocates 140,000 immigrant visas per year for employment-based applicants, and the Department of State is charged with ensuring that no more than that number of immigrant visas (or adjustments of status by U.S. Citizenship & Immigration Services) are issued in each of the government’s fiscal years. U.S. Citizenship & Immigration Services' new fiscal year begins October 1, 2007. Questions regarding this announcement should be directed to a Hodgson Russ attorney.