Stern Elkind Curray & Alterman News and Updates

In the early morning of July 2, the U.S. State Department indicated that it had received sufficient applications to distribute all of the remaining visa numbers for Fiscal Year 2007, and that the July Visa Bulletin would be amended accordingly. USCIS responded by indicating that all adjustment of status applications that will be filed in July pursuant to the Visa Bulletin will be rejected and returned to the applicant. In essence, not a single application for adjustment of status will be accepted in the month of July.

The joint announcements proved to be a crushing blow to permanent resident applicants who hoped to file for adjustment of status in the month of July. Even if the numbers had retrogressed in August, allowing applicants to file for adjustment of status in July would have provided many benefits. Adjustment applicants can obtain employment authorization and advance parole for themselves and their families, and are eligible for adjustment portability.

Stern Elkind & Curray has started a letter-writing campaign to inform our elected officials in Washington about our displeasure with these actions. We encourage employers and permanent resident applicants to send emails and letters, or make phone calls, to their elected officials to register their feelings on this subject.

Not surprisingly, the Senate’s effort to pass comprehensive immigration reform has failed, and it is anticipated that no further action will be taken until 2009. The failure of our elected leaders to address this critically important issue is extremely troubling. While we have some hope that Congress might address some of the specific issues that relate to business immigration law, it has been noted in a New York Times article that the "high-tech" Titans, representatives of leading high-tech firms, were ignored during the recent debate on comprehensive immigration reform. It is therefore very difficult to predict whether Congress would be inclined to consider specific, piecemeal legislation that would create more H-1B or permanent resident visas. The business community should continue to lobby its representatives for legislation that addresses the needs of the business community in the business immigration law arena.