USCIS Encourages Eligible Individuals to File I-485s in EB2 India Category in April 2022

Following the release of the April 2022 Visa Bulletin, the U.S. Citizenship and Immigration Services (USCIS) updated its website to indicate that foreign nationals may use the more favorable dates for filing chart (i.e., Chart B) in April for purposes of applying for adjustment of status (form I-485). Shortly thereafter, the USCIS released a statement encouraging those eligible to file under the employment-based, second preference (EB2) India category to apply. It is important to understand, however, that this is aimed at eligible individuals who have not yet filed an adjustment of status; it is not generally intended to prompt those with pending I-485 applications to re-apply.

Significant Movement in Chart B

In the April 2020 Visa Bulletin, the cutoff date for EB2 India in Chart B advances by a full year, to September 1, 2014. This implies that the USCIS expects the cutoff date in the final action chart (i.e., Chart A) to continue advancing in the months ahead. This, along with the USCIS announcement encouraging eligible foreign nationals to apply, indicates the USCIS is being proactive in trying to avoid the loss of large numbers of immigrant visa numbers this fiscal year.

Second I-485 Generally Not Recommended

If a person eligible for the EB2 India category already has a pending I-485, filing a second adjustment-of-status application is normally not recommended. Rather than speeding up the process, filing multiple adjustment-of-status applications tends to further delay the issuance of the applicant’s green card and drains resources from the USCIS.

If a person has an I-485 pending in the EB3 India category and wishes to move to the EB2 category, the individual should normally interfile, as opposed to filing a second I-485 application. More details on this process are available in the MurthyDotCom NewsBrief, “USCIS Provides Guidance on Submitting Interfiling Requests (02.Feb.2022).

Conclusion

The ongoing pandemic has created added volatility to movement in the monthly visa bulletin. In addition, changes to USCIS processes and policies can create confusion in the immigrant community. Stakeholders are encouraged to subscribe to the free MurthyBulletin to receive weekly updates on issues related to U.S. immigration law.

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