Employment-Based Categories 'Current' In July

In what could be described as simply ‘remarkable,’ the Department of State released its July Visa Bulletin which showed that the first three employment-based categories (EB1, EB2, EB3 (except “Other Workers”)) are current.  This means that all persons other than “Other Workers” who (1) are eligible to file I-140 Immigrant Petitions for Alien Worker  ("I-140"); (2) have pending I-140 petitions; or (3) have approved I-140 petitions can file their I-485 adjustment of status applications beginning July 1, 2007.   It is hard to predict whether these categories will remain current in August, but our guess is that they may not.  Therefore, it is important for anyone who has been waiting to file an adjustment application due to visa backlogs to contact their attorney immediately to get this process started.

For clients of our firm:

If you have not been contacted already, we will be contacting all of you shortly concerning the documents our firm needs to get the adjustment of status application filed for you in July.  In the meantime, you can get a head start by getting the following documents and information ready for us.  Once you have these documents ready, please call our office for further processing.  

1) Birth Certificates

You will need copies of your birth certificate and photocopies of birth certificates for any family members (i.e. children from previous marriages under the age of 21) applying for permanent residence with you.  Please be advised that each of the birth certificates must include all of the following information:     
 * Name of child
 * Date of birth
 * Place of birth
 * Full names of both parents.
If the birth certificate is in a language other than English, please get a copy of any translations of the document that you may have.  If you do not have a translation, our office will obtain one.
3) Proof of Marriage: If applicable, you will need your marriage document as issued by the appropriate authority.
4) Proof of Termination of Prior Marriages: If applicable, you will need copies of divorce or death decrees issued in connection with any prior marriages of either yourself or your spouse. 
5) I-94 Cards:  A copy of both the front and back of your most current I-94 card, and any other family members applying with you, if applicable.
6) Passport(s):  Please copy all pages of each of your current and expired passports, including blank pages. Please be sure that all of the information and dates are legible. 
7) Approvals: A copy of your previous immigration documents, including prior approval notices, Form(s) I-797, Form IAP 66 or Form I-20, and/or any Employment Authorization Document, if applicable.
8) Medical Exams: You are required to have a medical exam performed by a USCIS-designated civil surgeon. Please go to THIS LINK for the appropriate surgeon near you. This is an automated system available 24 hours.  Many doctors provide the required medical forms.  Please verify this with the doctor’s office when making your appointment.  If they do not have the forms, please contact us for copies, or you may download them at THIS LINK. The medical exam will require a blood tests and vaccinations for each family member for several diseases.  Therefore, please take your vaccination records to the medical examination.
The results of each medical exam will be returned to you in a sealed envelope, which you should not open. Only the USCIS can open the sealed medical results.  If you would like a personal copy of the results for your records, please be sure to tell the doctor ahead of time.   
9) Photographs: In addition, each family member must submit 2-6 USCIS-style photographs each (depending upon whether you are also filing AP and EAD applications). It is important that your photos meet the USCIS requirements.  Please click on THIS LINK to view a photo specification sheet.  Please also be sure to write your full name and date of birth on the back of each of your photos in ink lightly.
10) Pay-stub:  At the time of filing we will require a copy of your most recent pay-stub.    
 To view the July 2007 Visa Bulletin, please go to THIS LINK.