The Bureau of Citizenship and Immigration Services service has introduced an interim rule that became effective on July 31, 2002. This rule amends the service’s regulations by allowing the Form I-485 to be filed concurrently with the I-140 when a visa is immediately available. This will improve the efficiency of the process and cut down the waiting time for the alien.

The new regulation does not apply to all five employment- based categories as I-140s are only used to petition persons under the EB-1, EB-2 and EB-3 categories, the regulation applies solely to these categories. It does not apply to the EB-4 special immigrant category since the petition used there is form I-360. In addition, it does not apply to the EB-5 investor category as a form I-526 petition is used in these cases.

This is not a final regulation yet as it is subject to a comment period that ends on September 30, 2002.

One of the major benefits is that it allows the principal and family members to obtain work and travel privileges without having to wait for form I-140 to be approved.

It will also eliminate or reduce the need for filing H1B 7th year extensions. This will save time and money for both employers and employees.

For further information, please contact our office on (310) 207-0800 or email Mitch at mberenson@visastousa.com