April 16, 2004

New CSC Pilot Program on Concurrent Adjudication Certain Immigrant Petitions and Concurrent Filings

On March 31, 2004, the U.S. Citizenship and Immigration Services (USCIS) announced a new pilot program to be implemented through the California Service Center (CSC) with respect to the adjudication of most employment-based second preference immigrant petitions (EB2), excluding National Interest Waivers, filed simultaneously with an adjustment of status application. The announcement was made through CSC director, Don Neufeld, at an American Immigration Lawyers Association (AILA) liaison meeting. Ultimately, the pilot program will endeavor to adjudicate the EB2 petitions and the AOS applications at the same time and within 90 days of filing - a timeframe which is significantly faster than the current processing times.

The pilot program will apply to any newly filed EB2/AOS filing. Previously filed EB2/AOS applications that were filed concurrently should be processed within one year under the pilot program. EB2 petitions not filed concurrently with an AOS application will not be processed expeditiously under the pilot program and will be processed in accordance with current processing procedures.

It appears the USCIS is beginning to recognize and tackle the lengthy delays in the processing times of I-485 applications. The pilot program is a welcomed step in the right direction of implementing a larger solution. Greenberg Traurig will continue to monitor the pilot program and will provide you with any updates that become available.