USCIS Shares Useful Info in Pending I-485 Charts
Posted Oct 30, 2009
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The revised USCIS WebSite contains some detailed charts (PDF 537KB) regarding pending employment-based (EB) adjustment-of-status (I-485) cases. These charts provide a breakdown of the pending I-485 cases by country of chargeability, category, and priority date. This is extremely helpful in visualizing the volume of cases in each category, and the pending demand for visa numbers in each subcategory.
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Over 200,000 EB I-485 Cases Pending
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There are six such I-485 charts available with data regarding pending EB cases. One chart reflects all pending I-485 cases, by EB category, and priority date. The priority date breakdowns are only by month and year. Other charts further divide the information by country of chargeability. The chart for cases chargeable to India is the fifth chart in the group. The charts currently available, as of this writing, reflect filings through August 2009. The volume of cases is rather staggering, with the total pending showing as 233,816 overall, with 111,296 chargeable to India.
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Framework on Visa Numbers and Priority Date Movement
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Many people have difficulty understanding why the U.S. Department of State (DOS) Visa Bulletin contains cutoff dates that are years in the past. [The most recent DOS Visa Bulletin chart is always available on MurthyDotCom.] For example, EB3 India has a cutoff date of April 22, 2001 (for November 2009). The reason for this becomes clearer when the chart reflects that, even at this late date, there are still over 500 EB3 India pending I-485 cases with priority dates in April 2001 or earlier. This, of course, does not account for cases pending at the U.S. consulates. The numbers of cases with later priority dates in the EB3 India category is enormous, particularly when compared to the very small annual allocations of visa numbers in this category.
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EB2 India has a better picture than EB3, but the chart again will help to explain why forward movement in the Visa Bulletin cutoff dates is so limited. The current cutoff date is January 22, 2005 (for November 2009). The chart reports more than 7500 pending EB2 India I-485s with priority dates through January 2005, inclusive.
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Grim Reality is Helpful for Planning Purposes
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For some, the information reflected on these charts provides a clear, though grim, understanding of why there is a queue and where they are in the queue of individuals awaiting immigrant visa numbers. Sometimes it is helpful to gain a better understanding in order to anticipate delays that lie ahead.
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At the time of this writing, the charts available are several months old. We have seen a good volume of I-485 approvals for EB2 India cases, during September and October 2009. This is only a tiny drop, however, when compared to the tens of thousands of cases that remain pending in EB2, India. Thus, for most, these charts do not paint a positive picture.
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Conclusion
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We at the Murthy Law Firm appreciate the USCIS's efforts in making this very clear information available. It is useful both for those who seek an understanding of where they stand in the I-485 process, as well as for illustrating the severity of the visa number backlogs. With various official pronouncements about immigration reform, these charts clearly reflect an area in great need of positive immigration reform and relief.