Bi-Specialization and Termination of Concurrent Filings :
June 2006 Update
Posted Jul 07, 2006
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As we share projected changes and trends of the latest developments in U.S. immigration law with MurthyDotCom and MurthyBulletin readers, we offer this report, including additional information discussed and confirmed during the June 2006 national American Immigration Lawyers Association (AILA) conference. Our conference report on the future of EADs was in our June 30, 2006 article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom. The subjects of this article are bi-specialization and concurrent I-140/I-485 filing.
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Bi-Specialization to Increase Efficiency and Uniformity
of Case Processing
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Bi-specialization is the new system of having certain types of cases adjudicated by only two (rather than all four) U.S. Citizenship and Immigration Services (USCIS) service centers. This recently initiated program is discussed in our March 31, 2006 MurthyBulletin article, USCIS Begins Bi-Specialization April 1, 2006, available on MurthyDotCom, as well as in Article #1 of today’s MurthyBulletin, entitled Phase 2 Bi-Specialization to Begin July 24, 2006. The purpose of the program is to increase efficiency and uniformity. The USCIS indicated that the ultimate goal is to expand this system to include a wider variety of applications and petitions. The reason that the cases will continue to undergo review at two service centers is so that the system will remain operational even if one of the two service centers is closed for some reason. While service center closure is unusual, it can occur due to weather, natural disaster, technical problems, or other unusual or extraordinary circumstances.
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Concurrent I-140/I-485 Filings to Terminate - Even if PDs are Current
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The USCIS indicated that, at some point, the ability to concurrently file I-140/I-485 cases will end. This procedure has been in place since July 31, 2002. The procedure is still available for eligible cases until there is an announcement to the contrary. Of course, for many, concurrent filings cannot be made due to retrogression or the lack of available visa numbers. The I-485 cannot be filed unless there is a visa number available, which is only if the priority date (PD) for the applicant is current. Issues related to retrogression and concurrent filings were covered in our December 24, 2004 MurthyBulletin article, Retrogression Clarification: Concurrent Filing Possible for Some, available on MurthyDotCom.
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Once concurrent filings are eliminated, it will be necessary to have an approved I-I40 petition in order to file the I-485 Adjustment of Status application. Indications are, however, that this change will be coordinated with the initiation of premium processing for I-140 petitions. That eventuality was reported in our May 26, 2006 article, Premium Processing to Expand: I-140s, I-539s and I-765s, also available on MurthyDotCom. Thus, for those with available visa numbers, there will be a significant incentive for using premium processing for I-140 petitions, following the anticipated changes discussed here.