Practice Areas

The Many Faces of Stern Elkind Curray & Alterman LLP

Since 1985,Stern Elkind Curray & Alterman has limited its practice to immigration law, with a special emphasis on matters relating to the employment of foreign professionals. Mr. Stern and Ms. Elkind founded the firm with the goal of providing the very best immigration advice and representation to our clients. As the firm has grown, we have continued our commitment to maintaining a high level of expertise combined with an understanding that our clients are individuals whose lives are deeply affected by the work we do. Over the years, we have developed expertise and wide-ranging experience in all facets of immigration law.

We continue to be deeply affected by our clients, some of whom are introduced within this web site.

NSC Begins Processing Employment-Based I-485s for Which Visas Are Not Currently Available

April 10, 2006

Cite as "AILA InfoNet Doc. No. 06012664 (posted Jan. 26, 2006)"

In conjunction with Backlog Elimination efforts, on April 12, 2006, the Nebraska Service Center (NSC) will begin to process Employment-Based I-485 (EB485) cases for which visas are not currently available.

NOTE: As provided for in INA § 245(a)(3), one may only apply for adjustment of status if "an immigrant visa is immediately available." When priority dates retrogress, the immigrant visa is no longer immediately available. See 8 C.F.R. § 245.1(f)(1). This new development does not in any way affect one's ability to apply for adjustment of status before their priority date becomes current.

When there is visa number retrogression after an I-485 adjustment of status application is filed, the application is held in abeyance until the priority cut-off date listed in the Visa Bulletin of the Department of State again advances past the alien's priority date. See Adjudicator's Field Manual § 20.1 (AILA Doc. No. 05102161, posted October 21, 2005); 8 C.F.R § 245.2(a)(5). As an adjustment of status applicant, and absent other grounds of ineligibility, the alien whose application is held in abeyance remains eligible for employment authorization and advance parole

These retrogressed EB485 cases will be processed in a normal fashion with officers reviewing applications for eligibility and processing the cases to the fullest extent possible up to the visa request stage. Officers may be required to issue a request for evidence (RFE) for some cases. Applicants will be expected to respond to the requests for evidence in a timely, accurate and complete fashion to continue the processing of the case. Applicants that do not meet eligibility criteria, or do not respond to a request for evidence may be subject to a denial of their case. Applicants that meet eligibility criteria will have their cases forwarded to a visa staging area where the cases will be checked monthly for visa availability.

The intention of this "preadjudication" initiative is to prepare eligible cases to the greatest extent possible, short of approval, in anticipation of the availability of a visa. Security checks for these cases will be electronically maintained so it is imperative that applicants respond to both requests for evidence and/or fingerprinting appointments in a timely manner. When an eligible case is identified as having a visa available, the case will then progress through a final phase review and formal visa request to facilitate the final disposition.

Courtesy of AILA, posted Apr. 10, 2006

Request a Consultation

News