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DHS/USCIS

RIN: 1615-AA46

Publication ID: Spring 2009

Title: Allowing for the Filing of Form I-140 Visa Petition Concurrently With a Form I-485 Application in Certain Circumstances
Abstract: The current regulations provide that an alien worker who wants to apply for permanent residence by filing the appropriate Form I-485, Application To Register Permanent Residence or Adjust Status, cannot do so until he or she obtains approval of the underlying petition, Form I-140, Immigrant Petition for Alien Worker. This procedure has resulted in aliens experiencing unnecessary delays due to the heavy backlog created by increasing numbers of cases received by the Department of Homeland Security (DHS). This rule amends DHS regulations by allowing the Forms I-140 and I-485 to be filed concurrently when a visa is immediately available, thereby improving the efficiency of the system, as well as customer service. This rule will also allow the alien worker to apply for employment authorization (Form I-765, Application for Employment Authorization) and advance parole authorization (Form I-131, Application for Travel Document) while the Form I-485 is pending.
Agency: Department of Homeland Security(DHS)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 204 8 CFR 245
Legal Authority: 8 USC 1101 8 USC 1103 8 USC 1151 8 USC 1153 and 1154 8 USC 1182 8 USC 1186a 8 USC 1255 8 USC 1641

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	07/31/2002	67 FR 49561
Interim Final Rule Effective	07/31/2002
Interim Final Rule Comment Period End	09/30/2002
Next Action Undetermined	To Be Determined

Additional Information: CIS No. 2104-00 Transferred from RIN 1115-AG00
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Sophia Cox Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW., 2nd Floor, Washington, DC 20529 Phone:202 272-1522 Email: sophia.cox@dhs.gov