Spike in I-485 Requests for Evidence

 

Spike in I-485 Requests for Evidence

 

USCIS previously issued a Policy Memorandum directing USCIS Service Centers processing retrogressed I-485 applications for adjustment of status to request additional information prior to a final decision. Recently, this has led to a large amount of Request for Evidence Notifications (RFEs) sent from Service Centers for pending I-485 cases.  These RFEs are largely identical in requesting evidence of employment.  Below is an excerpt of such an RFE:

 

First, please submit proof of your continuous employment authorization in the U.S. from the date you filed your Form I-485 to the present. Such evidence may include copies of:

  • Employment Authorization Documents (EADs, Forms I-688 or I-766) granted to you by USCIS
  • Form I-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification, or
  • Copies of Form I-94 Arrival/ Departure Records showing you were admitted to the U.S. in an employment- authorized nonimmigrant status.

Second, you must submit a currently dated letter from your petitioning (Form I-140) employer, verifying that their job offer to you continues to exist. If their job offer no longer exists or you no longer intend to work for the original I-140 employer, you may be eligible to adjust pursuant to visa portability under section 204(j) of the Immigration and Nationality Act if:

  • Your Form I-485 application has been pending for 180 days or more, AND
  • Your new intended permanent employment is in the same or similar occupational classification as the original Form I-140 job.

Note that the current job offer letter from your original or new employer must state the title and duties of the offered position, the minimum educational or training requirements, the date you began (or will begin) employment and the offered salary or wage. This letter should be on company letterhead and signed, in the original, by a person authorized by the organization to make or confirm an offer of permanent employment.

 

Whether an I-485 applicant is employed by the I-140 employer or a new employer at the time of the RFE is of no consequence.  Applicants are permitted to change jobs provided the new position is in the same or similar occupation and 180 days has passed since the I-485 application.

 

On the other hand, should the applicant be unemployed and is unable to produce employment verification before the RFE deadline, the application will likely be denied.

 

Once an RFE is received for your case, we will contact you immediately with instructions.  The RFE response period is approximately 87 days, but the sooner USCIS receives the response, the sooner it is able to approve the case once priority date becomes current again.

 

Finally, there is speculation that USCIS hastened pre-adjudicate of I-485 cases in anticipation of a rapid advancement of employment-based priority dates in the months to come.