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INS BEGINS ACCEPTING LATE MOTIONS TO REOPEN IN EB-2 CASES
On Monday, July 3. 2000, the INS published in the Federal Register notice that it is accepting late motions to reopen and reconsider INS denials of EB-2 immigrant visa applications based on a misapplication of the educational and experience requirements.  
On March 20, 2000, the INS issued a memo clarifying the requirements for classification as an EB-2 advanced degree professional.  In particular, the memo addressed what type of experience can be used as an equivalent for the advanced degree when the job applicant has only a bachelor’s degree.  This memo made substantial changes, and under it, many applications that had previously been denied would have been approved.  On May 4, 2000, in light of the new memo, a federal court ordered the INS to allow applicants whose cases may have reached a different conclusion under the memo to file late motions to reopen.  This Federal Register notice is the INS’ move to comply with this district court order. 
To be eligible to file a late motion to reopen, the application must have indicated that the job required a bachelor’s degree plus five years experience and must have been denied on the ground that it did not require an advanced degree.  The denial must have become final after July 1, 1997, and must not be under any other form of review. 
Motions to reopen may be filed until November 1, 2000.  These should be filed with the INS office that made the final decision to deny the visa application.  The motion should clearly state that review is being sought under the March 20 memo, and the envelope in which it is mailed should also indicate this.  The INS recommends including the following notation on the envelope:  “EB-2 CLASS MEMBER, DO NOT OPEN IN MAIL ROOM.  DELIVER IMMEDIATELY TO DIRECTOR’S OFFICE.” 
No addition evidence may be submitted, with one exception.  A statement from someone within the employer who has knowledge of the minimum job requirements may be included.  Such a statement may in many cases speed processing of the motion. 
Because the district court also ordered the INS to not refuse adjustment of status applications from those whose visa applications were wrongly denied, those covered by the order may file adjustment applications before obtaining approval of the visa petition.  They should indicate in the application that it is being filed before the visa is obtained pursuant to the district court order.  Proof of filing the motion to reopen must be included.  The envelope in which the adjustment application is submitted should be marked with the same notation as the motion package.
 
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