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Backlog Elimination Center
Status Updates
The The Backlog Elimination
Center (BEC) provided the following updates on September 10,
2007 as it relates to the adjudication of labor
certifications.
- As of 9/6/07 – 351,000 cases
completed; 11,000 left (3.2%) 6,500 waiting for response
to 30 or 45 day letter; 3,000 waiting for response to
Notice of Findings; 1,500 in process of various final
actions and moving between various queues.
- There will be cases that have a
response date after 9/30/07 – the BECs are staying open
to complete these cases. There is no specific date set
yet for “closing the doors.” The Department of Labor (DOL)
is anticipating any cases with due dates should be
wrapped up in October.
- If BEC made an error, they will
take steps to correct it. If a case was closed properly
the BEC will not entertain further discussion.
Substitution of aliens in BEC cases no longer allowed as
of 7/16/07.
- The DOL does not track the number
of motions to reopen. If they reopen the case, the
Public Disclosure System will reflect the change,
showing “IN PROCESS” status.
- There is no notification if the DOL
denies the request to reopen. If DOL does not reopen a
case, they will not provide a “no” answer at this time.
- The DOL will be issuing a Federal
Register notice in the future which will outline the
process and procedures for handling cases after the BEC
centers close.
October 2007 Visa
Bulletin
The U.S. Department of State (DOS) has released
the October 2007 Visa Bulletin, reflecting the new
fiscal year’s allocation of visa numbers. The new
bulletin contains priority dates that are more
similar to those published in April of 2007,
retrogressing the priority dates for EB-3 categories
considerably. The EB-1 category is now current for
all countries of chargeability, and the EB-2
category for Mexico, Philippines, and all countries
of chargeability other than China and India have
also become current.
The employment-based cut-off dates are as follows:
|
Employment-
Based |
All Chargeability Areas Except
Those Listed |
China |
India |
Mexico |
Philippines |
|
1st |
C |
C |
C |
C |
C |
|
2nd |
C |
01 Jan 2006 |
01 Apr 2004 |
C |
C |
|
3rd |
01 Aug 2002 |
01 Sep 2001 |
22 Apr 2001 |
22 Apr 2001 |
01 Aug 2002 |
|
Other Workers |
01 Oct 2001 |
01 Oct 2001 |
01 Oct 2001 |
01 Oct 2001 |
01 Oct 2001 |
The October bulletin reflects immigrant visa allocations
that were made to the extent possible under numerical
limitations for the demand received by early September in
the chronological order of priority dates. The DOS has not
made any predictions about the employment-based immigrant
visa availability in the coming months, possibly due to the
continuing backlog in issuing receipt notices for the I-485
adjustment of status cases filed over the summer.
USCIS Telephone
Number Error
Between March 23 and June 5, 2007, USCIS mailed
notices that contained the wrong phone number for the
National Customer Service Center (NCSC). The correct phone
number for the NCSC is 1-800-375-5283. USCIS is in the
process of sending letters to the affected individuals with
the corrected telephone number.
All notices mailed after June 5 contain the correct
telephone number. Individuals who received a notice from the
USCIS during the above mentioned time period should
disregard the number printed on the notice and direct all
customer service inquires to 1-800-375-5283.
Standard Operating
Procedure for I-765
The United States Citizenship and
Immigration Services (USCIS) have created a Standard
Operating Procedure (SOP) for the processing and
adjudication of I-765 (Application for Employment
Authorization). Their goal is to standardize the operational
policies and procedures throughout all levels of processing
ranging from the local office to the processing center. This
SOP features best practices from the local offices and
service centers in order to improve the production
efficiencies of the process. Below is a description of each
element in the processing of an I-765 application:
- Mailroom (Service Center) – The service
center opens, sorts, date-stamps, and batches all
submissions according to the date of arrival and form
type. They are reviewed for acceptability and assembled
for data entry.
- Data Entry (Service Center) – The fees
are accepted and case information is entered into CLAIMS
LAN.
- USCIS Review (Service Center) – The
USCIS verifies most reasons for rejection cited by the
contractor.
- File Room (Service Center) – Files are
initially sorted and staged, and then routed and
distributed.
- Adjudications (Service Center) – The
application is examined in order to determine whether
the application can be approved or denied.
- Post-Adjudications (Service Center) – The
procedure followed after an officer makes a
determination on an I-765 case.
Introduction to
the Visa Waiver Program
The Visa Waiver Program (VWP) enables foreign nationals
of certain countries to travel to the United States for
tourism or business purposes for 90 days or less without
obtaining a visa.
Many U.S. employers work closely with affiliate
companies abroad. These affiliate companies frequently
need to send their foreign national employees to the
U.S. for "business tourism". This would include
attending business meetings with an American company, or
attending training or seminars in the U.S. As the
foreign national will not be doing any work for any U.S.
company or employer, no work visa is required. In
situations such as these, where foreign nationals have a
need to make business trips of fewer than 90 days to the
U.S., the Visa Waiver Program is a convenient option.
Not all countries participate in the VWP. and not all
travelers from VWP countries are eligible to use the
program. Presently, 27 countries participate in the VWP:
|
Andorra
|
Iceland
|
Norway
|
|
Australia
|
Ireland
|
Portugal
|
| Austria
|
Italy
|
San Marino
|
| Belgium
|
Japan
|
Singapore
|
| Brunei
|
Liechtenstein |
Slovenia
|
| Denmark
|
Luxembourg
|
Spain
|
| Finland
|
Monaco
|
Sweden
|
| France
|
The Netherlands |
Switzerland
|
| Germany
|
New Zealand |
United Kingdom |
Participating countries qualify based on many criteria,
among them being:
-
Governments issue
secure machine-readable passports that satisfy
internationally accepted standards;
-
The country must
have a very low nonimmigrant refusal rate;
-
Low instances of
security and law enforcement threats in the country
(terrorist activities, organized crime, money
laundering, human and drug trafficking, etc.), and
efforts to address such threats;
-
Immigration
controls and efforts to address such issues as alien
smuggling activities;
-
Government
stability, both politically and economically.
Nationals of the above listed countries may use VWP if:
-
They can
demonstrate the intent to stay 90 days or less in
the U.S. and demonstrate sufficient funds to support
themselves while in the U.S;
-
They present a
machine readable passport valid for six (6) months
past their expected stay in the U.S.;
-
They have
complied with the conditions of previous admission
under the Visa Waiver Program and found eligible;
-
They are
traveling on an approved carrier if arriving by air
or sea (almost all major airlines and cruise ship
companies are approved carriers).
Travelers who do not meet these conditions must apply
for a visa.
To enter into the U.S. the travelers need to present the
following:
-
Machine readable
passports;
-
Completed and
signed I-94W (Nonimmigrant Visa Waiver
Arrival-Departure Record);
-
Evidence of
onward travel or other documentation regarding the
purpose of their stay in the U.S. and intent to
return to their country.
Travelers entering the U.S. under the VWP are waiving
their right to review or appeal an immigration officer’s
decision as to their application for admission at the
port of entry.
Canada, Mexico and Bermuda do not participate in the VWP.
Issues Surrounding
Student Visas Addressed by the NSC
A recent conference call was held by
the Nebraska Service Center (NSC) to address many issues
regarding Optional Practical Training (OPT) applications
including increasing Requests for Evidence, questions over
Employment Authorization Document Cards (EADs) and other
concerns. Below is a list of some specific examples that
were raised along with the clarifications provided by the
NSC.
Requests for Evidence (RFEs)
A school reported that there have
received numerous RFEs from the NSC within the last 6 months
for OPT applications stating that the I-20 (Certificate of
Eligibility to apply for an F-1 student visa) was not
endorsed by the student or the Designated School Official
(DSO) within the past 30 days. The NSC responded that they
complete a 100% review for the 30-day period. If the school
feels that the RFE was received in error, they may submit a
LIN receipt number of these cases to the school’s NSC email
account for further clarification.
Schools were questioning students receiving RFEs on F-1 OPT
applications for non-degree or non-certificate programs that
seemed to imply an F-1 Student must be in a degree or
certification program. According to regulation issuance of
OPT cards at 8 CFR 214.2(f)(6)(i), optional practical
training must be in a specific degree defined program.
According to the NSC, the applicant needs to respond to the
RFE by explaining in more detail the circumstances behind
his/her request.
One question introduced during the call addressed if a new
process has been implemented for issuing RFEs versus denying
a case. NSC commented that they will send a RFE if an
application is missing something and grant the applicant 42
days to respond. The only time an application will be denied
is when the applicant is not eligible for the benefit
sought.
EAD Cards
A Student had been approved for a
post-completion Opt and had received their EAD card. The
student since found out that they did not successfully
complete the course and the program was timely extended. In
this case, the NSC says to withdraw and return the card to
the NSC prior to the start date of OPT. Following this
procedure will allow the student to reapply when they do
graduate.
A few cases were reported in which the Beneficiary did not
receive their EAD cards within 30 days of the date cited on
the NSC website. As with all USCIS websites, the NSC website
will list the current processing times of cases they are
adjudicating. It should be noted that sometimes the USCIS
lists the estimated time to adjudicate instead of the actual
time.
According to the NSC, processing times are dependent upon
the category under which an application is filed. The
government states that all cases for students and others are
required to be completed within 75-days of receipt.
Additionally, it will take 7 days for the actual EAD card to
be mailed from the date the case was adjudicated.
OPT Cards Lost in the Mail
Schools have been reporting OPT cards
lost in the mail, even though the applicants did receive the
receipt notice at the address on file and have not moved. If
a card is returned to the NSC, the system first updates to
reflect the date it was returned to their office. After the
NSC has received verification of the address, the card will
be re-mailed out. All approvals, RFEs and denials will be
mailed to the address on the I-765 form, unless there is an
attorney’s G-28 attached.
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