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IMMIGRATION NOVEMBER 29, 2024 | The Indian Eye 37

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and not consumed, similarly one visa the Bulletin shows that numbers for Once the filing dates advance and ily-based backlogs for years or even
can also be left intact rather than used visa applicants in his or her category result in adjustment of status filings, decades. Upon filing adjustment of
by a noncitizen beneficiary. So long as are current) (“Final Action Date”). the new administration cannot reverse status applications, they would be able
there is one visa kept available, it would An immigrant visa is also considered course on January 20, 2025. The visa to apply for an EAD and travel permis-
provide a legal basis for an I-485 filing available for submission of the I-485 bulletin for January 2025 would have sion, exercise job portability, and their
under a DFF, and this would be con- application based on a provision- to be respected until the end of the children would be protected under
sistent with INA 245(a)(3) as well as 8 al priority date (“Dates for Filing”) month. In the July 2007 visa bulletin, the Child Status Protection Act while
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CFR 245.1(g)(1). without reference to the Final Action the EB-1, EB-2, and EB-3 categories waiting in the backlogs for permanent
This same logic can also be ex- Date. No provisional submission can were all initially “current”, but the De- residence. Advancing the filing dates
tended to beneficiaries of family-based be undertaken absent prior approval partment of State attempted to revise to current should not be viewed as a
I-130 petitions. The Biden administra- of the visa petition and only if all vi- the visa bulletin a few days later to in- partisan move by a lame duck demo-
tion need only move the filing dates sas in the preference category have dicate that far fewer visas were avail- cratic presidential administration, but
to current or close to current with an not been exhausted in the fiscal year. able. This mid-month change resulted as a move that would greatly benefit
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explanation in the January 2025 Visa Final adjudication only occurs when in threatened lawsuits from immigra- beneficiaries of I-130 and I-140 peti-
Bulletin or through an accompanying there is a current Final Action Date. tion advocacy groups, and eligible ap- tions employed in corporate America,
USCIS policy memo. However, if it An immigrant visa is also considered plicants were allowed until August 17, including at companies who heads are
needs to do this through rulemaking, immediately available if the applicant 2007 to file based on the “current” closely aligned with Trump such as Elon
8 CFR 245.1(g)(1) could be easily establishes eligibility for the benefits dates. Musk’s Tesla, Space X and X.com.
amended (shown in bold) through an of Public Law 101-238. Information Advancing the filing dates would
Interim Final Rule to expand the defi- concerning the immediate availability be Biden’s last, best gift to the back- *Kaitlyn Box is a Senior Associate at
nition of visa availability: of an immigrant visa may be obtained logged community, many of whom are Cyrus D. Mehta & Partners PLLC.
An alien is ineligible for the ben- at any Service office. stuck in the employment- and fam-
efits of section 245 of the Act unless Start Watching IndiaLife TV 24 Hours LIVE
an immigrant visa is immediately ___________________________________________________________________________________________________________________________________
available to him or her at the time the Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
application is filed. If the applicant is Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee;
a preference alien, the current De- former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
partment of State Bureau of Consular Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers
Affairs Visa Bulletin will be consulted for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees
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to determine whether an immigrant of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York
visa is immediately available. An im- City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an
migrant visa is considered available adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
for accepting and processing the ap- the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael
plication Form I-485 [if] the prefer- Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has also
ence category applicant has a priority
on your browser and watch IndiaLife TV 24 Hours
date on the waiting list which is earlier received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers
than the date shown in the Bulletin (or in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers
Global 2019 in immigration law, among other rankings.

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