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DHS/USCIS RIN: 1615-AB82 Publication ID: Spring 2009 
Title: ●Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications  
Abstract: This proposed rule would amend the Department of Homeland Security (DHS) regulations governing how the U.S. Citizenship and Immigration Services (USCIS) would accept and process an Application to Register Permanent Residence or Adjust Status, Form I-485. This proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants. Instead, it would require that an alien worker be the beneficiary of an approved immigrant petition prior to filing an adjustment of status application. Further, this proposed rule would remove an alien’s reliance on the Department of State’s (DOS) Visa Bulletin to determine visa availability and therefore eligibility to file for adjustment of status. Instead, the rule proposes that USCIS utilize a registration process for intending adjustment of status applicants by requiring an applicant to file a registration packet after the granting of an immigrant petition and prior to visa availability, based on the use of “qualifying dates” established by DOS. This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin. This process will result in a steady workflow, will mitigate visa retrogression, and make applications generally decision- ready shortly after time of visa availability. This proposed rule will also allow USCIS to correct a discrepant regulatory reference that defined an employment-based priority date based on a Department of Labor-issued labor certification incorrectly. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 8 CFR 103    8 CFR 209    8 CFR 245    8 CFR 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1255(a)   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2009    
Additional Information: CIS # 2476-09
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:
Mark Phillips
Chief, Residence and Naturalization Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 20 Massachusetts Avenue NW,
Washington, DC 20529
Phone:202 272-8377
Fax:202 272-1480