Page 54 - The Indian EYE 092923

IMMIGRATION SEPTEMBER 29, 2023 | The Indian Eye 54

Although the October 2023 Visa Bulletin is

Disappointing, the Administration Still Has the Option

to Advance the Dates for Filing in the Next Visa Bulletin

BY CYRUS D. MEHTA Bulletin has permitted filing October 2023 Visa Bulletin, would work? only to later find that the dates
I-485 applications under the the USCIS posted a bulletin Mehta: The State Depart- have retrogressed. A good ex-
he October 2023 Visa Dates for Filing, they were still entitled “USCIS Actions to ment Visa Bulletin consists of ample is the April 2012 Visa
Bulletin was disappoint- dishearteningly retrogressed Support Adjustment of Status dual dates–Final Action Dates Bulletin, when the EB-2 cut-
Ting. There was some for India born applicants at Applicants Who are in H-1B and Dates for Filing. The dates off dates for India and China
expectation that the Admin- July 1, 2019 for EB-1, at May Status in the United States” under the Final Action Dates were May 1, 2010. In the very
istration would radically ad- 15, 2012 for EB-2 and August extolling all that it has done so determine when the green card next Visa Bulletin, May 2012,
vance the Dates for Filing so 1, 2012 for EB-3. Interestingly, far relieve H-1B beneficiaries can be issued to the foreign na- a month later, the EB-2 cut-off
that many more could file I-485 the USCIS has stated that the in the crushing backlogs such tional, while the Dates for Fil- dates for India and China ret-
adjustment of status applica- employment-based FY 2024 as options following the ter- ing indicate when the foreign rogressed to August 15, 2007.
tion, but that never happened limit is 165,000, which is more mination of employment and national can file an I-485 appli- If the State Department
notwithstanding a bipartisan than the 140,000 annual limit broadening the ability of chil- cation for adjustment of status. were absolutely certain that
letter signed by more than 50 but not as significant as the in- dren under 21 to claim CSPA One easy fix is to advance the applicants born in India and
Congresspersons advocating creased limit resulting from the protection under the DFF. The Dates for Filing to current so China who filed in April 2012
for this reform. It was hardly spillover from the family based USCIS has not done enough that many more backlogged would receive their green
any consolation that the In- preferences in prior recent and more can surely be done. beneficiaries of approved peti- cards, it would not have need-
dia EB-1 Final Action Dates years during Covid. This has At the end of the bulletin US- tions can file I-485 adjustment ed to retrogress dates back to
moved from January 1, 2012 in resulted in many Final Action CIS states, “We will keep work- of status applications. August 15, 2007. Indeed, those
the September 2023 Visa Bul- dates advancing from the Sep- ing within our legal authority Anderson: What would be EB-2 applicants who filed their
letin to January 1, 2017 in the tember 2023 Visa Bulletin but to provide as much flexibility, the impact of this change? I-485 applications in April 2012
October Visa Bulletin and the the advances will not bring too predictability, and dignity as Mehta: By being able to may still potentially be waiting
India EB-3 Final Action Date much cheer to the backlogged possible for all those waiting file I-145 applications, skilled and have yet to receive their
moved from January 1, 2009 community with the exception for their chance to become a foreign workers caught in the green cards even as of today.
in the September 2023 Visa of the worldwide EB-1, whose lawful permanent resident and employment-based backlogs Another example is when
Bulletin to May 1, 2012 in the Final Action Dates and Dates ultimately a U.S. citizen.” This can get ameliorative relief such the State Department an-
October Visa Bulletin. While for Filing have become current. claim sounds hollow unless the as an employment authoriza- nounced that the July 2007
the USCIS in the October Visa Following the heels of the Administration starts taking tion document (EAD), travel Visa Bulletin for EB-2 and
bold action. permission and be able to ex- EB-3 would become current.
Long before the bi- ercise job mobility under INA Hundreds of thousands filed
partisan Congressional section 204(j). Spouses and during that period (which ac-
letter was issued in July minor children can also avail of tually was the extended period
2023, I have been advo- work authorization and travel from July 17, 2007, to August
cating for advancing the permission after they file their 17, 2007). It was obvious that
Dates for Filing for sev- I-485 applications. these applicants would not re-
eral years. The State De- Many more of the chil- ceive their green cards during
partment has never meant dren of these backlogged im- that time frame. The State
that visas were actually migrants would also be able to Department then retrogressed
available to be issued to protect their age if the date for the EB dates substantially the
applicants as soon as they filing is made current. While it following month, and those
filed. Rather, it has always would be ideal for Congress to who filed under the India EB-3
been based on a notion of provide more immigrant visas in July-August 2007 waited for
visa availability at some so that people become perma- over a decade before they be-
point of time in the future. nent residents, in the face of came eligible for green cards.
Although the administra- Congressional inaction, allow- More recently, the Sep-
tion disappointingly did ing skilled workers to file I-485 tember 2022 Visa Bulletin
not dramatically advance applications would give them had a Final Action Date of
the DFF, it can do so in and their families more mobil- December 1, 2014, for EB-2
next month’s and subse- ity and flexibility. India. In the next, October
quent visa bulletin. Anderson: Why do you be- 2022 Visa Bulletin the Final
Below is an extract lieve the State Department has Action Date for EB-2 India
from my recent inter- the legal authority to make this was abruptly retrogressed to
view with Stuart Ander- change in the Visa Bulletin? April 1, 2012 and then fur-
m of son in Forbes entitled Mehta: INA section ther retrogressed to October
CYRUS D. MEHTA & PARTNERS PLLC “Changing Visa Bulletin 245(a)(3) allows for the filing 8, 2011 in the December 2022
Can Save Immigrants and
of an adjustment of status ap-
Visa Bulletin. If a visa number
H-1B Visa Holders” that plication when “an immigrant was immediately available in

provides the blueprint for visa is immediately available” September 2022, an applicant
the Administration to ad- to the applicant. under EB-2 India with a prior-

  vance the Dates for Filing: The State Department ity date of December 1, 2014,
   
­ Anderson: You have has historically never advanced or earlier should have been
€
‚  
written that the State De- priority dates based on certi- issued permanent residence.
partment and the Biden tude that a visa would actually These three examples,
administration could pro- become available. There have among many, show that “im-
vide relief by changing the
been many instances when ap-
mediately available” in INA
dates in the Visa Bulletin. plicants have filed an I-485 ap- section 245(a)(3), according to
2 6th Floor

    Can you explain how this plication in a particular month, the State Department, has nev-
www.TheIndianEYE.com