1) Filing an application with the USCIS to adjust status on Form I-485
2) Obtaining an immigrant visa from the DOS, at a U.S. consulate abroad

Mr. Aytes indicated that the USCIS acts in accordance with the DOS, trying to make sure that no visa numbers go unused in any specific year. Per Mr. Aytes, there were 1,052,415 individuals who became LPRs in 2007 in all categories. In order "to maximize the use of the limited number of visas available annually, [the USCIS] increased staffing, enhanced analytical capacity, [provided for] more detailed and strategic management of monthly production, and [worked in a] close partnership with DOS to share greater information."
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Mr. Aytes acknowledged problems that still prevent the USCIS from efficient and accurate visa allocations. For example, once the visa number becomes available, based upon the cutoff dates reflected in the monthly DOS Visa Bulletin, this allows qualifying pending cases to be approved and allows for the filing of new cases with the USCIS. It is essentially a system where, whenever the "back door" is open for case approvals, the "front door" is also opened to accept any cases with priority dates prior to the cutoff date set in the Visa Bulletin. The USCIS is unable to limit the actual number of I-485 applications filed, as it is all based upon the DOS Visa Bulletin, which was designed to reflect available visa numbers for cases that are pending and ready for approval. Thus, in cases where there are more applications received than there are visa numbers actually available (which is what happened in the summer of 2007), this results in a backlog of cases. Many applicants have to wait for several years before their applications can be adjudicated, as there are simply not enough visa numbers to allow for case approval. Over the last several years this resulted in an ever-growing backlog of cases and an inventory of applications that the agency is unable to process.
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To address these problems, "the USCIS has adopted a production strategy that focuses on completing cases where visas are immediately available and on working cases to the point just short of approval," where no visa numbers are yet available. What this means is that cases are reviewed without regard to the availability of visa numbers and, if everything is in order, they are made ready for approval. They are then acted upon once the visa numbers become available, which could be many months or even years later.
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Edson Testimony for DOS
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Mr. Edson has provided additional information on the mechanism and methods of visa allocation when it comes to immigrant visa issuance by the DOS. While acknowledging that some visa numbers have not been allocated in the past and, therefore, ultimately were wasted, he reminded the Subcommittee members that the DOS has to act under the law that prohibits issuing more visas than the congressionally mandated number. Therefore, the DOS comes close to the maximum by using about 95 percent of all visas available.
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Mr. Edson has praised the agency for its efforts in enhancing security and increasing efficiency in recent years. While commenting on the VisaGate incident, Mr. Edson stated that "[t]he situation last summer didn't disadvantage any applicants, [but the agency] would make every effort to avoid a repeat of the confusion applicants experienced in July." Like Mr. Aytes, Mr. Edson specified that the key to successful monitoring of visas issued and case backlogs is working closely with the "USCIS partners to avoid further problems." In addition, Mr. Edson provided the Subcommittee with the DOS Visa Availability Fact Sheet and Background Information in order to explain further the complex process by which the agency must abide when determining cutoff dates and visa allocation.
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Conclusion
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Both the USCIS and DOS officials testifying before the Subcommittee on Immigration acknowledged current problems with wasted visas and backlogs of cases. They also provided background information on the process in an attempt to explain these problems. Unfortunately, neither testimony provided any projections as to how soon these problems would be resolved and/or what concrete steps are being taken to assure that all visas are used and backlogs are eliminated. As these issues are of great importance to many LPR hopefuls, we at the Murthy Law Firm will provide updates on this topic as information becomes available.

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