VISANOW Voice Newsletter - September 2006

1. Data Review: Your case has been entered into the Backlog System and is under review.
2. In Process: The case is currently being worked on or is in the queue ready to be worked on.
3. Certified: The case has been certified (i.e., approved).
4. Denied: The case has been denied.
5. Appeal: The case is currently being appealed.
6. Withdrawn: The case has been withdrawn.
7. Closed: The case has been closed.

If you believe the online information regarding your case is incorrect, you may contact the BEC directly using the general information email addresses provided at the DOL’s website.

Premium Processing Services Expanded

The U.S. Citizenship and Immigration Service (USCIS) has announced that it will expand the Premium Processing Program to include three new visa categories. Beginning September 25, 2006, Premium Processing requests will be available for the following categories: EB-1 (Outstanding professors and researchers); EB-2 (Member of professions with advanced degrees or exceptional ability, excluding those seeking a National Interest Waiver); and EB-3 (Workers except for skilled workers and professionals). Premium Processing for the EB-3 category began August 28, 2006.

This addition provides an option for faster processing services of these types of applications. The USCIS requires that employers pay an additional $1000 processing fee in order to attain a determination of the case within 15 calendar days. The petitioner is guaranteed to receive a decision within this time period whether it is an approval notice, a notice of intent to deny, a request for evidence or a request for an investigation. The Premium Processing Service also includes a separate telephone number and email address for related inquiries.

Visa Numbers for EB-2s from India Available Again in October Visa Bulletin

The U.S. Department of State’s (DOS) Visa Bulletin for October 2006 shows that immigrant visa numbers will again be available for the EB-2 preference category for Indian nationals with the start of FY 2007, as predicted in a prior edition of the VISANOW Voice. The quota for this category had been reached for FY 2006 and numbers had been unavailable during the months of August and September 2006.

It must be noted that, when last available, the current priority date for this category was January 1, 2003. The date has since retrogressed by about six months to June 15, 2002. This is likely indicative of the DOS’s efforts to control the use of these numbers due to a much higher demand for this category in recent months, and also to the expected additional demand as the DOL’s backlog elimination centers clear their pre-PERM labor certification inventory.

Despite prior warnings that there might be a slowdown in the progress of priority date for those in the EB-3 preference category for all nationals, the new visa bulletin shows progress across the board. China in particular continues to benefit from progress in all preference categories.

Trends in Bi-Specialization

Beginning April 1, 2006, the USCIS instituted a policy requiring that most applications associated with Form I-129 be sent to the Vermont Service Center. This policy has particularly affected H-1B applications which require Form I-129. The USCIS forwards a portion of the H-1B applications received at the Vermont center to its California Service Center, a practice referred to as “bi-specialization.”

We have noticed significant delays in processing times due to this new procedure. In our experience, applications held at the Vermont center are logged in quickly, but encounter significant delays in review. Conversely, it has occasionally taken over three weeks to receive a receipt notice for H-1B applications forwarded to California Service Center, yet they adjudicate cases with much greater speed than the Vermont center.

This “bi-specialization” policy also applies to Forms I-140 and I-485, which are associated with employment-based green card applications. Initially, all applications that require these forms are sent to the Nebraska Service Center. Some applications are then forwarded to the Texas Service Center.

In our experience, similar to H-1B applications held at the Vermont center, those applications held at the Nebraska Service Center encounter significant delays in review, while those forwarded to the Texas center are reviewed much more quickly.

It is our hope that the USCIS will attempt to streamline this procedure in the near future so that applications are processed on a more consistent basis at all service centers. We will continue to monitor the situation and keep you informed of any new developments.

USCIS Field Offices to Stop Issuing EAD Cards

Until recently, individuals who have filed form I-765/Employment Authorization Documents (EAD card) had the option of visiting a local USCIS field office to obtain a temporary Employment Authorization Card (EAC) when their application has not been approved within 90 days of filing. The local offices would issue the temporary card on-site eliminating the possibility that the applicant would be forced to spend time without work authorization while the EAD was being processed.

The USCIS recently announced that as of September 1, 2006, EAC cards would no longer be issued at the local offices citing several reasons for the change focusing on issues with the EAC card itself. Reasons include the variance in card quality from the many local offices and the inconsistency with which the local offices correctly report issuance back to the USCIS.

The USCIS is now taking steps to ensure that all EADs are issued within 90 days to eliminate the need for “interim” employment authorization. However, you can still visit a local office to request action on your case if you have not received an approval after 90 days of filing. In this situation, the local office is required to abide by specified procedures as follows: determine status of applicant’s case (e.g. still being adjudicated, RFE to be issued), place a status inquiry with the appropriate Service Center, and provide documentation to the alien that acknowledges the status inquiry was placed. These actions should result in a faster response time from the appropriate Service Center.