August 2007

Temporary Adjustment of the Benefit Application and Petition Fee Schedule for Certain Adjustment of Status and Related Applications

On August 1, 2007, USCIS issued a ruling to temporarily amend the applicable fees for employment-based forms I-485 and applications for derivative benefits associated with such Forms I-485. Aliens who file an employment-based Form I-485 and any related Forms I-765 and I-131, through August 17, 2007, should include the filing fees in effect prior to July 30, 2007. That means the current fee for Form I-485 is $325 until August 17, 2007, at which point the fee will be $930 for form I-485.

This rule does not affect the increase in fees, pursuant to the final fee schedule, which took effect on July 30, 2007, for Form I-140, "Immigrant Petition for Alien Worker." Therefore, aliens who file Form I-140 concurrently with Form I-485 between July 30, 2007 and August 17, 2007, should provide the post-July 30, 2007 fee for the Form I-140 ($475) and the pre-July 30, 2007 fee for Form I-485 ($325). The effect of this rule is limited to those applications filed before August 18, 2007. For applications filed on or after August 18, 2007, the fees set forth in the final rule published on May 30, 2007 ($930) will be required.

Per USCIS Memo on 8/3/ 2007:
USCIS announced today that it has experienced a tremendous increase in the number of applications filed, which has resulted in a front log of cases awaiting data-entry. USCIS is making every effort to address the delay.

USCIS will prioritize data entry for specific form-types. Delay in data entry and fee receipting will not affect Change of Status or Extension of Stay eligibility, assuming all other eligibility requirements are satisfied. USCIS would also like to assure its customers that requests for Premium Processing Service will continue to be processed within 15 days, consistent with existing policies and procedures.

The actual received date will be honored and recorded on the receipt notice. This date will appear in the "Received Date" box on Form I-797, Notice of Action. The received date on Form I-797 is different from the "Notice Date," which also appears on the Notice and identifies the date the receipt notice was actually generated.

AILFs was established in 1987 as a tax-exempt, not-for-profit educational, charitable organization. The Foundation is dedicated to increasing public understanding of immigration law and policy and the value of immigration to American society, and to advancing fundamental fairness and due process under the law for immigrants. AILF's Legal Action Center has been asked to consider litigation against DOL over the new labor certification rule prohibiting employees or potential employees from paying labor certification expenses, including attorneys' fees. AILF has produced FAQ and a questionnaire for potential employee and employer plaintiffs in such a lawsuit. If you or your company is interested in this lawsuit, please contact the Fleischer Law Firm.

The Fleischer Immigration Practice Group "settles" another naturalization delay case.

The Fleischer Immigration Practice Group successfully "sued" the government to make a decision on an I-485 application to become an US permanent resident. Our client filed his I-485 application in February 2002. After close to five years of waiting, The Fleischer Law Firm filed a writ of mandamus in the United States District Court for the Southern District of Ohio. After diligently working with the US Attorneys, our attorneys were happy to learn that USCIS had approved our clients I-485 application. Our client and his family were happy that he will finally become an United States permanent resident!

The Fleischer Immigration Practice Group is sad to announce that Jordan Wood, its summer law clerk, has left Cincinnati, to return to Washington D.C. to continue her academic career at George Washington University Law School. Jordan brought a new fresh perspective to the Firm and was a valuable asset in research, writing, and all around knowledge of Immigration Law. We wish her the best in her 3rd and final year of law school.

The Fleischer Immigration Practice Group employees and family members will be attending the Cincinnati Reds vs. Los Angeles Dodgers baseball game on Thursday August 8th. We look forward to a HOT afternoon and a Cincinnati Reds win!