The American Immigration Lawyers Association (AILA) has announced that the U.S. Department of State may soon release information about a new system for determining employment-based immigrant visa availability. This potential significant change in policy appears to be in response to President Obama's Executive Action released in November 2014 in which he requested an improvement to the immigrant visa system.
It is anticipated that this change could afford numerous foreign nationals with an opportunity to file adjustment of status applications in advance of when they would normally be permitted to do so under the current immigrant visa system.
What does this expected change mean in addition to being able to start the last step in the immigrant visa ("green card") process sooner than under the current immigrant visa system? This potential change in policy could also mean that a foreign individual may be eligible for the benefits available with a pending adjustment of status application. Such benefits may include the ability to obtain an employment authorization document, advance parole (travel document) and portability based on an approved I-140 Immigrant Worker Petition.
Maggio + Kattar will continue to monitor this significant action expected to be taken by the State Department and will keep everyone posted.