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Immigration Law

News Excerpts From The Oct. 1, 2015, Bender’s Immigration Bulletin

USCIS to Offer Early Acceptance of Preference-Based Adjustment Applications; Visa Bulletin Revised |

On Sept. 9, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that it would allow many noncitizens who wish to adjust status through an employer or family member to file their applications—and qualify for employment authorization—before their priority dates become current.

Effective October 1, the monthly visa bulletin issued by the State Department will contain two tables—one listing priority dates for noncitizens whose applications it will accept, and one listing priority dates for noncitizens whose applications may be approved. For instance, under the October 2015 Visa Bulletin, USCIS will accept adjustment applications in the EB-2 category for applicants from India whose priority dates are prior to July 1, 2011, and will approve applications for noncitizens whose priority dates are prior to May 1, 2005. Please refer to October Visa Numbers infra page 1112.

According to the agency, the change is designed to help the State Department more accurately determine the relevant cutoff dates to be published in the Visa Bulletin and ensure that the maximum number of immigrant visas authorized by Congress are actually issued. Once noncitizens’ adjustment applications are accepted, they may apply for employment authorization documents and advance parole.

The Visa Bulletin revisions implement the November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, available at final_visa_modernization_report1.pdf, issued in July 2015.

Labor Department Acknowledges Glitch in PERM Website

On September 14, 2015, the Department of Labor acknowledged that a software glitch was preventing some users from completing the ETA Form 9089 online as certain information could not be entered.

Until the problem is resolved, the Department advised users who cannot complete and file an electronic ETA-9089 to submit paper-based labor certification applications to the Atlanta Processing Center:

U.S. Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification

Atlanta National Processing Center

Harris Tower, Suite 410

233 Peachtree Street

Atlanta, Georgia 30303

More information is available at


USCIS—U.S. Citizenship and Immigration Services has extended through November 2, 2015, the period in which individuals affected by Typhoon Soudelor may request temporary relief measures, including a change or extension of nonimmigrant status, and expedited adjudication of employment authorization applications.

USCIS—U.S. Citizenship and Immigration Services has simplified the process for paying the $165 fee charged to prospective lawful permanent residents. Going forward, any person with the immigrant’s A-number and State Department Case ID may pay the fee.

 Bender's Immigration Bulletin

[This is an excerpt from the Oct.  1, 2015, issue of Bender's Immigration Bulletin.]

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