News > USCIS Publishes Fact Sheet for July Employment-Based Green Card Applicants

USCIS Publishes Fact Sheet for July Employment-Based Green Card Applicants

The U.S. Citizenship & Immigration Services (USCIS) has published responses to a list of Frequently Asked Questions for applicants who became eligible to apply for Green Cards based on Department of State July Visa Bulletin No. 107. A summary of some of the topics covered is as follows:

The need to file applications with correct filing fees and signatures. The USCIS will reject any filing submitted without the correct fees or signatures. Although fees in-line with the current (pre-July 30th) fee schedule will remain in effect for employment-based adjustment applications through August 17, 2007, the new fee schedule applies to any concurrently filed Form I-140s (petitions for alien workers).

Employment-based adjustment applications should be filed directly at the Nebraska Service Center or the Texas Service Center of the USCIS in accordance with published guidance. Incorrectly filed employment-based adjustment applications will be rerouted to the correct service center for processing if filed on or before the August 17th deadline. Incorrect filing could, however, result in a delay in processing.

Petitioners may continue to file Form I-140 petitions for alien workers, but all individuals looking to apply for permanent residence after August 17th should check the most current Department of State visa bulletin for updated immigrant visa availability.

Green Card applications can be filed without the required medical examination. Applicants filing without medical exam paperwork will be issued a request for this documentation by the USCIS, from which time they will likely have 90 days to respond. Processing of applications receiving this type of request by the USCIS will be on hold until such time as the medical exam is submitted.

Some Green Card applicants may have to wait a number of years before receiving permanent resident status. However, authorizations to travel and work linked to pending Green Card applications will be processed prior to final Green Card application adjudication.

There could be delays in the issuance of receipt notices by the USCIS, potentially grounding certain visa holders (H-1B and L-1) in the U.S. for an unanticipated period of time. L-1 and H-1B visa holders can continue to travel to and from the U.S. while their Green Card applications are pending without separate travel authorization, but the USCIS has advised these visa holders should carry the receipt notice for Form I-485 with them. Hodgson Russ has no further information at this time regarding potential timelines for issuance of receipt notices or travel or work authorization approvals.

The full press release issued by the U.S. Citizenship & Immigration Services may be viewed on its website at www.uscis.gov. Please contact your Hodgson Russ immigration attorney with any questions regarding this announcement.