D&S Immigration Alert - USCIS Suspends Final adjudication for Employment-Based Adjustment of Status Applications for Remainder of Fiscal Year

Today USCIS announced that it will be suspending adjudication of employment-based I-485 Adjustment of Status Applications effective today.  The suspension is a result of the Department of State (DoS) having reached the statutory cap for the employment-based immigrant visa preference categories for the remainder of Fiscal Year 2015 (ending on September 30, 2015). 

The fact that there is only one week remaining in the immigration fiscal year means the practical impact of the suspension will be minimal. USCIS has indicated that it will continue to accept adjustment of status applications for individuals who are current under the September Visa Bulletin and that it will resume final adjudication of employment-based adjustment applications beginning October 1, 2015, when visa numbers are again available.

Because visa adjudication will resume starting October 1, this should not affect an individual’s ability to file under the revised Visa Bulletin and applicants filing Form I-485 on or after October 1, 2015, should review the “When to File” section on the October Visa Bulletin to determine whether they are eligible to file their Form I-485 Adjustment of Status Application.

D&S will continue to monitor the situation and post updates as they become available.