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(Indian and Chinese Delayed EB-1/EB-2/EB-3 Adjustment of Status cases)

September 30, 2021 Update

Our team is continuing to fight to preserve visa numbers and get your cases adjudicated. As you know, yesterday the judge split all the cases up and sent them to various district courts across the country. Right now we are working on requests for emergency injunctions, to allow any or all of these judges to reserve visa numbers until there is a ruling on the original Preliminary Injunction. The judge in Maryland did not make a decision on the preliminary injunction, which means it now goes to all the individual judges. We hope at least one judge will rule to reserve all unused visa numbers. Although we may not have any decisions today, we believe that any judge can and should reserve visa numbers even after September 30.

Since your cases are all now set individually instead of as a group, it is even more critical that you update us through the update form on the status of your case. Should you learn your case has been adjudicated, congratulations but also please do update our form so we can appropriately dismiss the case with the district court. You can provide your update here.

We will be in touch with you as soon as we can with more information.

September 29, 2021 Update

The judge has issued a decision and issued an order in our case.

As we feared, he has severed (separated) all of the cases, and ordered each one transferred to the federal courts covering the area where each case is currently pending (except for the National Benefits Center, which the judge apparently does not know is located in Missouri and not Kansas).

He did NOT make a decision on our preliminary injunction (requesting immediate adjudication of your cases and/or reservation of visa numbers), and also did NOT make a decision on the underlying requests to expedite your cases and/or reserve visa numbers into fiscal year 2022.

Our team is putting our heads together to confirm our plans to continue fighting these issues, and will be in touch with you as soon as we can with more information.

View the Order.

View the Decision.

If USCIS fails to adjudicate cases before September 30, 2021, nearly 100,000 green cards may go unused & disappear. This case will seek to force USCIS to issue those visas before then or reserve the visas so they’re not lost if the deadline passes.

Lawsuit filed to prevent 100k employment-based green cards from going to waste.

Some 100,000 Green Cards at Risk of Going to Waste in Covid-19 Backlog


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