From http://www.immigration-law.com/Canada.html
09/29/2005: Last Minute EB-2 Filing Requirement by USCIS
* The USCIS is concerned that some ineligible people may just file before 10/01/2005 just to obtain EAD and Advance Parole. Accordingly, AILA has reported that the USCIS would require that the "initial evidence" requirements for I-140 petitions and I-485 applications are met. Filings that do not satisfy the "initial evidence" requirements are likely to be rejected, not subject to an RFE, according to the AILA.
* In normal environment, the USCIS would accept the filings even if some initial evidence are missing and they issue RFE, but it is the AILA's opinion that the USCIS may likely be less lenient under the current unusual circumstances. It is still unclear how strictly the USCIS will require all the flawless initial evidence and whether any filings with a minor flaws in documentation of initial evidence will be rejected under any circumstances. We hope not.
* The I-485 form lists the following evidence as the initial evidence for the employment-based I-485 filings:
o Birth Certificate
o Copy of passport page with nonimmigrant visa
o Photos
o Biometirics (currently after filing)
o I-693 Medical report
o G-325A Biographic Information Sheet
o Evidence of status (I-94 + current status evidence)
o Sponsoring employer letter
o I-140 petition Receipt or Approval Notice
o I-485 Receipt Notice or Approval Notice, if spouse filing separately. If filing jointly not required.
o Marriage certificate, marriage termination evidence if filed as a spouse, and birth certificate if filed as a child
o Other eligibility documentation
* It is urged that the USCIS exercise discretion under the same spirit of exercise of discretion to accept the computer print-out labor certification approval and be lenient in accepting the filings with minor flaws in initial evidence documentation. The frivolous filing to attempt to obtain EAD/AD can be sufficiently prevented at the stage of processing of I-765 and I-131.
09/29/2005: Last Minute EB-2 Filing Requirement by USCIS
* The USCIS is concerned that some ineligible people may just file before 10/01/2005 just to obtain EAD and Advance Parole. Accordingly, AILA has reported that the USCIS would require that the "initial evidence" requirements for I-140 petitions and I-485 applications are met. Filings that do not satisfy the "initial evidence" requirements are likely to be rejected, not subject to an RFE, according to the AILA.
* In normal environment, the USCIS would accept the filings even if some initial evidence are missing and they issue RFE, but it is the AILA's opinion that the USCIS may likely be less lenient under the current unusual circumstances. It is still unclear how strictly the USCIS will require all the flawless initial evidence and whether any filings with a minor flaws in documentation of initial evidence will be rejected under any circumstances. We hope not.
* The I-485 form lists the following evidence as the initial evidence for the employment-based I-485 filings:
o Birth Certificate
o Copy of passport page with nonimmigrant visa
o Photos
o Biometirics (currently after filing)
o I-693 Medical report
o G-325A Biographic Information Sheet
o Evidence of status (I-94 + current status evidence)
o Sponsoring employer letter
o I-140 petition Receipt or Approval Notice
o I-485 Receipt Notice or Approval Notice, if spouse filing separately. If filing jointly not required.
o Marriage certificate, marriage termination evidence if filed as a spouse, and birth certificate if filed as a child
o Other eligibility documentation
* It is urged that the USCIS exercise discretion under the same spirit of exercise of discretion to accept the computer print-out labor certification approval and be lenient in accepting the filings with minor flaws in initial evidence documentation. The frivolous filing to attempt to obtain EAD/AD can be sufficiently prevented at the stage of processing of I-765 and I-131.
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