USICS Releases Updated Charts of Pending I-485 Cases

The U.S. Citizenship and Immigration Services (USCIS) issued updated charts indicating the number of pending adjustment of status (I-485) cases. This inventory of I-485 cases awaiting final decision by the USCIS is broken down by category, country of chargeability, and priority date (month and year, only). These charts shed light on the reasons for the visa bulletin cutoff dates and backlogs, as well as trends created by the movement of cutoff dates.

July 2014 Inventory Charts

The latest USCIS I-485 inventory charts are updated through July 21, 2014. This follows the publication of inventory charts for April 21, 2014, which, along with other historic information, are also available on the USCIS WebSite.

Little Change for EB2 India Because of New Cases and Medical RFEs

Despite the fact that, in July 2014, the cutoff dates for the employment-based, second preference (EB2) category for India advanced by nearly four years to September 1, 2008, there is little change in the pending inventory for EB2 India from the April 2014 charts. This is likely a result of the fact that, once priority dates become current, not only can pending cases be approved, but new I-485 cases can be filed and added to the inventory.

Additionally, due to a change in USCIS policy in June 2014 regarding the duration for the validity of immigration medical examinations, requests for evidence (RFEs) were issued in many of the I-485 cases that were current in July 2014. The RFE process tends to increase the workload of USCIS officers, which likely reduced the number of I-485 cases that could be approved during the first half of July 2014. More information on RFEs issued for medical exams is available in the MurthyDotCom NewsBrief, Immigration Medical Examination Valid for One Year (09.Jun.2014).

EB3 India Shows Evidence of Approvals and “Upgrades”

Cutoff dates for the employment-based, third preference (EB3) category for India advanced from September 15, 2003 to November 1, 2003 between April and July 2014. This can be seen in the reduction in the volume of pending EB3 India I-485s with 2003 priority dates. Interestingly, there is also a reduction in the number of pending EB3 India I-485s with 2004-2007 priority dates. Since these dates were not current in EB3, it is likely that many of these individuals were able to upgrade to EB2.

China EB3 Reversal

For more than a year, the visa bulletin cutoff dates for EB3 China were more favorable than EB2 China. This unusual phenomenon came to an end in June 2014, when the EB3 China cutoff dates retrogressed by six full years to October 1, 2006. This has resulted in the pending inventory charts for China showing EB3 cases with priority dates extending to late 2012, while the EB2 pending cases have priority dates no older than April 2010.

EB3: “All Other” Chargeability Areas

The EB3 category for all chargeability areas other than China, India, Mexico, and the Philippines had a visa bulletin cutoff date of October 1, 2012 during April 2014. This cutoff date retrogressed to April 1, 2011 in the July 2014 Visa Bulletin. This category has approximately 2,000 fewer pending I-485s as of July 2014, when compared to April.

Conclusion

The I-485 inventory charts are closely tied to the visa bulletin, both in terms of cause and effect. Given that the EB2 India cutoff date has advanced for August 2014, it should be expected that the volume of approvals will be reflected the next time the USCIS updates the inventory charts. As always, the Murthy Law Firm is available to provide guidance and representation in green card matters, including issues related to adjustment of status (I-485) cases.

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