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Does It Mean that the I-485 Cases Like My Will be Approved Quickly Because of the Available Immigration Visas?

7/25/2007

Dr. William:

I just filed my I-485 to USCIS based on my approved EB1-Outsranding Researcher (EB-1B), for the opening door of EB visa availability in July and August. Does this mean that the I-485 cases like my one will be approved quickly because of the available immigration visas? or we till need to wait long time before my case can be processed?

A: The new I-485 applicants in July and those applicants before August 17 may see a long delay for their Green Card process. It is estimated that approximately 700,000 EB-485 applications may be filed to USCIS during this unusual period of visa number availability, as affected by the upcoming filing fee big increases and the potential huge visa number retrogression ahead.

Because the U.S. immigration law has only 140,000 numbers for the entire EB categories for each year, if all the visa numbers are exhausted, the USCIS will be unable to approve any I-485 applications regardless of the immigration visa cut-off dates in the Visa Bulletin, as the USCIS or DOS will be unable to authorize a visa number beyond the annual cap under the statute.




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