Concurrent I-140/485 Filing Procedure and Two-Tier Filing System

The Concurrent I-140/485 Filing Procedure and the Pre-registration and Two-Tier Filing System

The USCIS has been considering termination of the current I-140 and I-485 concurrent filing system for quite a while. In the current semi-annual rule making agenda, the USCIS was considering a proposal to terminate the current concurrent filing system and instead permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability. 

This proposed rule would amend the USCIS regulations governing how the USCIS would accept and process I-485 application. This proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants. Instead, it would require that an alien worker be the beneficiary of an approved immigrant petition prior to filing an adjustment of status application. 

Further, this proposed rule would remove an alien’s reliance on the Visa Bulletin to determine visa availability and therefore eligibility to file for I-485. Instead, the rule will propose that USCIS utilize a registration process for intending adjustment of status applicants by requiring an applicant to file a registration packet after the granting of an immigrant petition and prior to visa availability, based on the use of “qualifying dates” established by DOS. 

This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. 

The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin. This process will result in a steady workflow, will mitigate visa retrogression, and make applications generally decision- ready shortly after time of visa availability. 

This proposed rule will also allow USCIS to correct a discrepant regulatory reference that defined an employment-based priority date based on a Department of Labor-issued labor certification incorrectly.   http://www.greencardapply.com/news/news09/news09_0902.htm 

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