6/26/2007

The State Department allocated the EB visa numbers for the FY 2007 "conservatively" with the expectation that the USCIS and USDOL would remove backlogs in a fairly rapid pace. Accordingly, at the end of May 2007, reportedly they allocated only 50% of the total annual quota for the EB numbers. Now, since it is not anticipated that the USCIS will produce I-485 approvals taking out a large number of the EB visa numbers, the State Department was afraid that unless the FY 2007 quota would be used before the end of September 2007, some of the visa numbers would be wasted. 

From such judgment, the State Department had to open the EB visa numbers current in July so that no EB visa numbers for the FY 2007 would be wasted. It turned out to be a good gift for large number of EB immigrants. 

It is reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, the USCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. 

There are reports that there are a huge backlog in medical examination appointments in certain areas. Currently, the USCIS requires the sealed medical report as the part of "initial evidence" for filing of I-485 applications. The attorneys here in Orlando asked the USCIS to change the current policy, allowing I-485 filers to file I-485 without the medical report. The USCIS took such request under advisement. Considering the fact that EB numbers could move backward again, such change of policy may be critically important for some filers.