NSC : When I-485 Priority Dates become Current
Posted Dec 30, 2005
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A December 15, 2005 AILA business liaison conference with the Nebraska Service Center (NSC) resulted in answers to a number of questions. One of the matters addressed is particularly noteworthy for many of our MurthyDotCom and MurthyBulletin readers; namely, "What happens to pending I-485s (Applications for Adjustment of Status), when their priority dates become current?"
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Visa Cutoff Dates Can Change Monthly
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As our regular readers are aware, there are large numbers of I-485 Applications that cannot be approved because there are no available visa numbers. The availability of visa numbers is variable month to month, as reflected in the most recent U.S. Department of State Visa Bulletin, which can always be found on MurthyDotCom. [See our most recent MurthyBulletin article regarding the forward movement of visa numbers, Visa Bulletin Issued for January 2006 (December 6, 2005).] Given the potential for forward movement in the Visa Bulletin cutoff dates each month, the question arises, "How do the Service Centers, including NSC, identify those I-485 cases that have available visa numbers and therefore are eligible for approval?"
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Case Identification Procedure
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The NSC Records Division conducts a series of "sweeps" each month when they get the Visa Bulletin. They search for those cases that have current priority dates, given the particular employment-based category and the country of chargeability of the particular case. Once identified, if the case has valid security checks, it is properly routed for assignment to an adjudications officer.
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NSC is constantly conducting sweeps of cases that are on hold due to retrogression (the non-availability of visa numbers) to make sure that the security checks are viable. It is not possible to predict how long any particular case will take once the priority date becomes available. We would note, however, that an immediate decision should not be expected, because the availability of the date triggers the assignment to the adjudications officer, who then must conduct the file review. At this time, the NSC states that they have sufficient resources to distribute all of the eligible I-485s each month for adjudication.
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Conclusion
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We thank the NSC for this insight into their procedures. Hopefully, all I-485s with current priority dates will be readily identified and adjudicated at NSC and the other USCIS Service Centers, without the need for excessive external prompting.