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The Direct Filing of I-140 and I-485 and the Immigration Forms Reflecting the Changes

8/7/2007

Since July 30, 2007, direct filing of I-140 and I-485 has been in place, and according to the USCIS news release, the USCIS will not reject any of these petitions or applications which are directly filed with a wrong Service Center (between TSC and NSC) until August 28, 2007. Any direct filing with the wrong Service Center after August 28 will be rejected.

When it comes to the stand-alone I-140 petition or stand-alone I-485 application, it is clear that such I-140 petition must be filed with one of the two Service Centers depending on the location of the employment, while I-485 application must be filed with one of the two Service Centers depending on the location of the residence of the alien.

USCIS has initiated two important changes in the immigration benefits petitions and applications. One is partial implementation of Phase III Bi-Specialization Program which changed the filing jurisdictions in the employment-based nonimmigrant and immigrant petitions and applications. The other is the fee increase.

These two initiatives mandate the USCIS to revise the immigration forms reflecting the changes. The revisions of the immigration forms are not substantive in nature, but some are. It is thus critically to check the USCIS Immigration Forms site before they use any immigration forms.




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