No Need for Concern If You Have I-140 Receipt Notices on Which the EB Category Is Listed As “Unknown”
By Neil S. Dornbaum and Kathleen M. Peregoy
In the wake of 300,000 filings made between July 2007 and August 17, 2007,
there have been many inquiries made about the issuance of I-140 receipt
notices that indicate the employment-based (EB) category as “unknown.” This
has caused concern among individuals uncertain as to which category their
case has been assigned. The USCIS has stated that this is a result of its
exercising its discretion to eliminate the designation (that would require
a clerk to first review the file to determine the category). In order to
expedite the processing, given the heavy volume of filings received,
USCIS determined to dispense with including the designation, but has also
indicated this will not have any effect on the validity of any petition.
In most cases, the notation of “unknown” on the I-140 petitions
is not a result of any error by the applicant or USCIS’s processing department.
Due to the increase of I-140/I-485 filings during the summer of 2007, USCIS
was forced to streamline its processing procedure in order to ensure that
receipt notices were processed and delivered to the applicants in a timely
manner. Even with USCIS’s recognition of the need for speed, it took
10–12 weeks after August 17, 2007, to confirm the issuance of any appreciable number of
receipts. This delay occurred even though the USCIS directed the receipting
contractors to enter only the data fields that are required to process filings
in order to expedite processing. USCIS has been indicating the correct EB category
on the I-140 approval notices and add any additional information not initially
indicated during the first screening process when the USCIS examiner reviews
the petition.
You should still check all receipts carefully, however. There are many
errors, including first and last name reverses, spelling errors, Country of Birth, and Date of Birth errors. If you see these types of errors, you should contact USCIS or
your legal counsel to seek a correction.
Neil S. Dornbaum and Kathleen Peregoy are members
of Dornbaum & Peregoy
LLC Newark, New Jersey. Their practice is limited to immigration
and naturalization with special emphasis on employment-based
immigration. The firm is listed in Martindale-Hubbell’s “Preeminent
Lawyers,” and both members are listed in “Best Lawyers
in America.” They also appear in New Jersey Magazine’s
listing of “Top Lawyers” for their work in immigration
law, and the “Super Lawyers” publications.
© Copyright 2008, American Bar Association.
