Employment-Based Adjustment Applications Filed by Aliens Whose Priority
Dates are Current under Department of State July Visa Bulletin No. 107
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor
Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor
certification application is not submitted in connection with the filing. USCIS will not accept a concurrently
filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.