Earlier this year USCIS reported that a high number employment-based immigrant visas available in Fiscal Year 2022 (October 1, 2021-September 30, 2022) as a result of 140,000 unused visa numbers from the FY2021 family-based immigrant visa allocation. The Department of State estimates that a total of 280,000 employment-based immigrant visa numbers – double the regular annual allocation – will be available in FY2022. 

In response to the higher-than-usual availability, USCIS will be prioritizing the processing and adjudication of employment-based adjustment of status applications to ensure as many of the available employment-based visa numbers as possible are used before September 30, 2022. 

What can you do if you have a pending employment-based Adjustment of Status application?

• Look out for any Requests for Evidence.
  • USCIS will send a Request for Evidence if any additional information is needed to complete adjudication of your application.
• Consider completing your I-693 medical exam from a USCIS-authorized civil surgeon if you did not already submit it.
  • USCIS recommends that completed medical exams are only forwarded in response to a Request for Evidence. Unsolicited submissions cannot be guaranteed to be matched up with the related Adjustment of Status as files are being shifted between USCIS locations.  
• Attend your biometrics appointment, if one is scheduled for you.
  • USCIS launched a biometric reuse process to eliminate backlogs of applicants waiting for biometrics. This option is available to those who have completed biometrics with USCIS in the past and is applied at USCIS' discretion. You should receive notification from USCIS if your biometrics are reused. 

Despite the efforts going towards approving as many cases as possible, USCIS cannot guarantee all pending employment-based Adjustment of Status applications will be approved by September 30, 2022. Additional information from USCIS regarding its efforts can be found here. 

Contact the Law Offices of James D. Eiss today if you have any questions about your pending employment-based Adjustment of Status.