USCIS streamlines I-485 interfiling process & announces the availability of several EB-1 & EB-2 vis numbers for FY 2022

January 24, 2022
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USCIS recommends filing I-485 under EB-2 or EB-1 category, instead of EB-3, and recommends the interfiling of the EB-3 I-485 to that of EB-2, in order to use the unused visa numbers for the FY 2022   USCIS has announced that there are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022). As per the U.S. Department of State, there are many more visas available in the first (priority workers) and second (workers with advanced degrees or of exceptional ability) employment-based categories than pending adjustment of status applications pending with USCIS. The USCIS has suggested that if beneficiaries are eligible, consider applying in the first or second employment-based preference categories. Further, USCIS has suggested that if the alien is having a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, the USCIS strongly encourage the alien to request that USCIS “transfer the underlying basis” of your pending application to the second employment-based preference category. USCIS streamlines the I-485 interfiling process. You may be eligible to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status, to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers which is commonly known as interfiling.  Until recently there was no clear process set by USCIS.  As a result, the beneficiaries had to make several requests and wait a few months until USCIS accepts the interfiling request.   However, recently USCIS has updated their policy manual to include proper guidelines as to what documents are to be included in an interfiling request and provided a specific filing location to file such request. Now, USCIS clearly declares that an interfile request must be made in writing and must include USCIS Form I-485 Supplement J. Form I-485 Supplement J has two uses: one is for “Confirmation of Bona Fide Job Offer,” the other is “Request for Job Portability Under INA Section 204(j).” When an applicant files an I-485 J to change the underlying basis of a green card application or interfile, they are using the I-485 J as a Confirmation of Bona Fide Job Offer. For Fiscal Year 2022, USCIS has created a new point of contact that should be used to request a transfer of the underlying basis of employment-based Form I-485s. Through September 30, 2022, you may submit your written request, with a completed I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (if required), to the following address: Department of Homeland Security USCIS Western Forms Center 10 Application Way Montclair, CA 91763-1350   The purpose of the Supplement J is to confirm the validity of the job offered to you in the petition you want to use as the basis for your transfer request.
  • If you are requesting to transfer your underlying basis to a previously filed and approved Form I-140, you must submit I-485 Supplement J with your transfer request.
  • If you are requesting to transfer your underlying basis to a Form I-140 that remains pending, you do not need to submit I-485 Supplement J.
USCIS does not provide a written response to transfer requests.  However, USCIS will issue receipt notices for the Supplement J. You do not have to submit a new adjustment of status application or filing fee with a request to transfer the underlying basis of your Form I-485 from one petition to another.
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