The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) announced helpful information for Employment-Based adjustment of status applications. The Office CIS Ombudsman serves as a liaison between the public and U.S. Citizenship and Immigration Services (USCIS). It is important to know the CIS Ombudsman office is not part of USCIS, therefore they have no decision-making rights over applications pending with USCIS. However, the CIS Ombudsman office helps individuals and employers resolve issues they are having with USCIS including delays in processing an application.

The CIS Ombudsman office has released updates on Employment-Based adjustment of status as a result of the numerous requests for case assistance they have received as the end of Fiscal Year (FY) 2022 is approaching. The CIS Ombudsman has confirmed understanding of the significant number of cases related to pending employment adjustments, the USCIS has issued its commitment to improving and maximizing employment visa usage for the remainder of FY 2022.

 

Confirmation of request to transfer the underlying basis of Form I-485

For applicants who submitted an I-485 Supplement J (Confirmation of Bona Fide Job Offer or Request for Job Portability) at the Western Forms Center, the CIS Ombudsman office has confirmed that USCIS is now taking two weeks in processing receipt notices. The Western Forms Center previously experienced processing delays. Request submitted without signed Supp J by applicant and employer to USCIS will not be receipted or acknowledged by USCIS in a written response. If you have submitted a Supp J and still haven’t received a receipt notice, reach out to the CIS Ombudsman office by submitting case assistance. CIS Ombudsman office will only follow up with USCIS if Supp J is submitted.

 

USCIS’ Case Status Online tool’s “temporary pause” message

Many applicants have seen the below messages:

“We are temporarily pausing work on your application because an immigrant visa number is not immediately available to you. Once an immigrant visa number becomes immediately available to you, we will resume processing of your application.”

This message comes up for cases in which the applicant has submitted Interfiling request to transfer the underlying basis of the adjustment of status application. Additionally, USCIS received the request and issued a receipt notice. We are seeing cases even when the EB-2 priority date is current, and a visa is immediately available.

CIS Ombudsman has received confirmation from USCIS that this message is not a USCIS error. USCIS has confirmed it the message will persist until USCIS acts on the pending adjustment of status application by either issuing an RFE, decision, or notice transferring the application between offices.

A case’s status will not immediately change after an applicant has Interfiled and requested the change of the basis of the underlying petition from EB-3 to EB-2. This message may continue to appear, even after a receipt notice for I-485 Supp J for Interfiling has been submitted. USCIS is aware of this issue.

 

Form I-693, Report of Medical Examination and Vaccination Record

As for the I-693 form or sealed medical CIS Ombudsmen office recommends not sending the medicals until USCIS issues an RFE or USCIS reaches out to the applicant either by text or call requesting the medicals. As we previously mentioned USCIS does not provide written confirmation if sealed medicals are submitted to USCIS without an RFE.

 

Forms I-485 pending outside of published processing times

At this time, the CIS Ombudsman has stated they will not be assisting in individual requests for issues relating to I-485 employment-based applications, that are pending outside of USCIS’s published processing time. The CIS Ombudsman has stated that, due to the fast-paced nature of these applications, the office is unable to gather real-time information. This barrier has made it challenging to provide applicants with individual case assistance and regular updates.  Instead, the CIS Ombudsman continues to follow up on the overall backlog seen in adjudicating the Employment-Based adjustment of status applications as a systemic issue.

ILBSG continues to actively monitor ongoing updates and changes on USCIS’ processing of Employment-Based Adjustment of Status applications. If you have questions about any immigration-related issue, contact us. We put our extensive experience and expertise to work for you to ensure you get the right advice.

CIS Ombudsman Employment-based immigration