On July 2, 2007 we reported to our clients that the U.S. Department of State (DOS) announced that all employment-based immigrant visas for fiscal year 2007 had been used and that no more I-485 Applications to Adjust Status to Permanent Residency would be accepted for filing or adjudicated until October 1st, the beginning of fiscal year 2008. See Immigration Alert (July 2, 2007).

This Alert is to let clients know that while U.S. Citizenship and Immigration Services (USCIS) has rejected and returned a few I-485 applications that arrived on July 2nd and after, it appears that for the most part they are holding on to the applications without acknowledging "receipt" of the same. USCIS has not explained its rationale for holding these applications but it may be that it is holding them pending forthcoming news that immigrant visa numbers are in fact available.

In light of the fact that very few applications have been returned, there may be some potential benefit to filing I-485 applications now. Please see this Mintz Levin Immigration Alert for more detailed information.