News Release from Jewell & Associates
In an interim rule published in the Federal Register today (67 FR 49561 7/31/02), the INS announced that it is no longer necessary for the beneficiaries of EB-1, EB-2 and EB-3 immigrant petitions (also called I-140 petitions) to wait for INS approval of the I-140 before filing their I-485 applications to adjust status to permanent residence. Effective immediately, I-140s and I-485s may be filed concurrently, provided that a visa number is immediately available, i.e., the beneficiary’s “priority date” is current. I-485s may also be filed based on I-140s that are pending with INS, provided that a visa number is immediately available.
An I-485 application filed pursuant to this new rule may be accompanied by an application for an Employment Authorization Document (EAD) and an application for an interim travel permit (advance parole, or A/P). The principal applicant’s spouse and children may also file their I-485s (including EAD and A/P applications) under the new rule.
As a practical matter, the new rule should decrease the time it takes to obtain permanent residence based on employment, and will allow the spouse and children of employment-based permanent residence applicants to work in the U.S. sooner than they could under prior rules.
© Jewell & Associates 2002