The H-1b Visa Cap is Not Reached [Top]

The Deputy Director for Citizenship and Immigration Services confirmed that the cap for H-1B visa petitions has not nearly been reached at this time.  At the end of January 2004, information should be released regarding a possible projected “cap date” for H-1B visa petitions. The Deputy Director believes that the cap will be reached in the spring of 2004.

CSC Liaison Meeting Summary for 12-15-2003 (12-24-2003) [Top]

Adjudication Priorities

The California Service Center has a three tier system for its adjudications.  The first tier (highest priority) includes L-1 visa petitions, Premium Processing Cases and H-1B visa petitions subject to the cap.  The second tier includes replacement of alien registration cards (I-90s), Advance Paroles (I-131s) and Work Permits (I-765s).  The third tier includes H-1B visa petition extensions (same and new employer), employment based visa petitions (I-140s) and permanent residence applications (I-485s). 

Adjustment Applications (I-485)

These types of cases, as mentioned above, are not a priority at this time.  The JIT Report Processing Date continues to reflect a December 16, 2001 date.  It is expected that between now and April1 2004, the time line to adjudicate these types of cases will continue to be approximately two years.  It is hoped that by the end of this fiscal year, i.e. September 30, 2004, the adjudication of these types of cases would be within six months of filing.

Fingerprint Appointments

For Adjustment Applications filed in the spring of 2003 or later which have not yet been scheduled for fingerprints, the CSC requested that a fax inquiry be sent only after one year from the date of filing, if fingerprints are not scheduled.

Requests for Evidence (RFE)

The CSC has now requested that a fax inquiry be sent only after 60 days have elapsed from the time a response to a RFE was received.

Advance Parole Adjudications (I-131)

The Service Center has a plan to process these cases within three months by April 1, 2004.

H-1B Visa Petitions

The CSC was not in a position to provide information concerning the number of cap cases which have been adjudicated.  Apparently the monitoring of cases may take on additional scrutiny in about one month.

It is expected that the adjudications of H-1B visa petition extensions will continue to be approximately 6 months

SPECIAL REGISTRATION PROCESS AMENDMENTS (11-29-2003) [Top]

The Department of Homeland Security (DHS) has published an interim rule, suspending the 30-Day and Annual Re-registration of aliens subject to the National Security Entry-Exit Registration System (NSEERS).  

This rule affects aliens who have been subject to NSEERS registration whether as a result of on-call registration or port of entry registration upon arrival to the U.S. This rule does not change the procedures of registration, i.e. fingerprinting, photographing, etc. at the port of entry. 

Instead of requiring all aliens subject to NSEERS to appear for 30-day and/or annual re-registration interviews, the DHS will utilize a more tailored system in which it will notify individual aliens of future registration requirements. Aliens will be notified if further registration is necessary by means of publication in the Federal Register, via U.S. postal mail to the last address provided by the alien, via email, etc. The Department of Homeland Security will make a case by case decision if an alien needs a re-registration interview. This decision is discretionary. DHS may require any alien to re-register at any time in the future. 

This rule also eliminates the requirement for those nonimmigrant aliens subject to special registration who are also enrolled in the Student and Exchange Visitor Information System (SEVIS) to separately notify DHS of changes in educational institutions and addresses.  

Additionally, this rule clarifies how nonimmigrant aliens may apply for relief from special registration requirements. A relief from registration departure requirements may be sought from an official designated by DHS at a port of departure. The alien seeking such relief carries the burden of establishing why such relief is necessary. A good cause (such as frequent travel) or exigent or unusual circumstances must be shown when asking for relief. Granting such relief is a discretionary decision. 

This rule does not change any of the penalties for failing to comply with the registration provisions. It does not excuse any prior failure to comply with the registration provisions. 

California Service Center (CSC) Updates (11-29-2003) [Top]

I-485 Processing backlog 

By mid November 2003, CSC is expected to complete processing the religious worker program cases that had been reviewed prior to September 30, 2003. Currently, ten people are adjudicating adjustment of status cases, however the division has requested that 30 people be assigned to these adjudications. 

CSC announced that its goal is to reduce the I-485 backlog to 6 months processing time by November 2004; H-1B change of status processing to 60 days; other I-129s to 120 days; H-1B extension of stay to 150 days, and L-1 to 30 days. 

I-140/I-485 Portability filings 

CSC announced that the following portability approach in handling concurrent I-140/I-485 cases would be used. Two conditions must be met in order to port these cases: 

     1. I-485 must have been pending for 180 days or more; and

    2. Cases remanded between July 1-10, 2003 will be returned by January 1, 2004;      
        and

    3. Cases remanded after July 10, 2003 have not been logged in yet. These cases    
        will be logged in and out at the same time and returned to DOL by April 2004.

Department of Labor’s New Guidelines for Processing RIR Cases. (11-29-2003) [Top]

On November 20, 2003, the Department of Labor (DOL) issued new guidance with respect to processing RIR Labor Certification Applications. Currently, several Regional Offices have a significant backlog of RIR cases. The current labor market would normally require that a number of these cases be remanded (returned) to the State Workforce Agency for conventional recruitment. However in some regions the remanding of a large number of cases would create additional backlogs. To avoid additional backlogs in the light of the imminent implementation of PERM, the following guidelines have been developed. 

All RIR applications will be initially reviewed. Applications not meeting current requirements will be issued a Notice of Finding (NOF). Applications meeting current requirements will be further reviewed. 

Applications for positions requiring a Bachelor’s Degree and three (3) or more years of experience OR a Master’s Degree and six (6) months or more experience, assuming these requirements are appropriate, should be certified and not subject to retest provisions. 

Applications not meeting the above criteria will be reviewed further to determine if the level of recruitment and the details provided in the recruitment report satisfy the Certifying Officer. If recruitment efforts and documentation satisfy the Certifying Officer, then these applications should be certified.  

For any remaining applications, the following options will be made available to the employer: 

   2. Withdraw the RIR request and request that the case to be returned to the State          Workforce Agency (Employment Development Department in California) for       
       processing as a regular application with the originally filed priority date, unless 
       requested otherwise.

   3. Conduct a one-day “retest” of the labor market within 60 days of the date of the           DOL letter.

When additional recruitment is requested, DOL will permit employers to utilize advertisements placed within the past six (6) months. Thus, if an employer has retested the market within the past (6) months, it is not necessary for the employer to readvertise (retest). 

Employers who retest the market shall be permitted to make modifications to the application requirements, which do not change the occupational classification of the job opportunity at the original time of filing. Changes may include different job requirements or additional duties. However, any adjustments must meet DOL criteria and the acceptance of these changes will remain within the discretion of the respective Certifying Officer. 

Perm Regulations Publication postponed until early 2004 (11-29-2003) [Top]

The Department of Labor has announced that the PERM regulations are now scheduled to be published early 2004. After the publication, the regulations will take effect in 120 days.  

Updates from the Department of Labor (DOL) (11-06-2003) [Top]

1. It is expected that the DOL headquarters will issue guidance as to standards in processing of longer pending RIR applications and new RIR filings in mid November 2003.

2. The PERM regulation may be still published in the end of 2003 with implementation scheduled within 120 days hereafter.

3. The DOL is creating two backlog reduction centers, which will be located in Dallas and Philadelphia. It is expected that these centers will be running quickly as DOL has the necessary software and training materials from the pilot program. This backlog reduction effort is contingent upon the availability of funds in the FY 2004 budget.

Machine Readable Passport Requirement For Visa Waiver       
    Program (10-06-2003) [Top] 

Citizens of the Visa Waiver Program are permitted to enter the United States for business or tourist purposes for a maximum of 90 days without needing a visa. 

The Secretary of State has postponed the effective date for the citizens of the Visa Waiver Program countries to present a machine-readable passport for admission to the United States without a visa. 

Starting October 26, 2004, the Visa Waiver Program Travelers from 21 countries referenced below must present a machine-readable passport at a U.S. port of entry to be admitted to the U.S. without a visa: 

Australia, Austria, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Spain, Sweden, Switzerland, the United Kingdom 

The citizens of Andorra, Brunei, Liechtenstein, Luxembourg, and Slovenia must present machine-readable passports as of October 1, 2003. 

The citizens of Belgium have been required to present a machine-readable passport since May 15, 2003. 

New H-1B Visa Cap (10-06-2003) [Top] 

For the fiscal year starting October 1, 2003 to September 30, 2004, the H-1B visa cap drops to 65,000 per year. The H-1B visa cap for the fiscal year ending September 30, 2003 was 195,000 per year. 

This H-1B visa cap will not affect the following individuals: 

• Foreign nationals who need to file an extension of current H1-B visa status; and
• Individuals employed through institutions of higher education, nonprofit research organizations and government research organizations.

The $1,000 employer training fee imposed on most H-1B petitioners also expired on September 30, 2003. The government may reimpose this fee at some point in the future. Therefore there may be a short period during which time an employer may not have to pay the $1,000 fee. 

To avoid possible unavailability of H-1B visas, H-1B visa petitions should be filed as early as possible in this fiscal year. 

CSC Liaison Meeting Summary For August 27, 2003 (09-16-2003) [Top] 

Adjudication Priorities
The priority for adjudications until September 30, 2003 is that of religious worker cases.  It is anticipated that in October 2003, the adjudication of adjustment applications (I-485s) will resume at a faster pace (perhaps double).  It is also expected that in October the adjudication of Employment Authorization Applications (I-765) and Advance Parole Applications (I-131) filed concurrently with I-140/I-485s will be faster, so that eventually these applications will be adjudicated within 45 days..  By the end of September 2003, it is hoped that H-1B visa petitions, except for extensions, will be processed within 90 days.  H-1B visa extensions should be adjudicated within 4.5 months and eventually by the end of this calendar year - 90 days.  However, the processing time for Immigrant Visa Petitions (I-140) will be delayed.

Adjustment Applications (I-485)
These types of cases, as mentioned above, are not a priority at this time.  The JIT Report Processing Date will soon reflect a change from November 16, 2001 to December 16, 2001.  Although it appeared that I-485s have not been adjudicated, the following statistics were provided as to the number of cases completed:

            May             2,943

            June            3,178

            July             2,472

When normal resources are allocated to the adjudication of these cases, it was indicated that 4500 to 5000 cases are completed on a monthly basis.

Extensions of EADs and APs
The Service Center confirmed that when an Application for Extension of Advance Parole and/or Employment Authorization is adjudicated, the effective date will be the date of adjudication and not the date when the previous document expired or was to expire.

Diversity Immigrant Visa Program (09-02-2003) [Top] 

The Department of State, Bureau of Consular Affairs Visa Services issued instructions for the 2005 Diversity Immigrant Visa Program (DV-2005). See link http://travel.state.gov/dv2005.html.  

This program is administered under the Immigration and Nationality Act (INA). The INA makes available 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. The visas are distributed among six geographic regions. The following countries who have sent a total of more than 50,000 immigrants to the U.S. in the previous five years are not eligible for this program: Canada, China (mainland-born), Columbia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Russia, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. 

Entries for the DV-2005 Visa Lottery must be submitted electronically between Saturday November 1, 2003 and Tuesday, December 30, 2003. For requirements and instructions to enter, please see the above-referenced link.

TEMPORARY ENTRY OF PROFESSIONALS FROM CHILE AND       
    SINGAPORE (09-02-2003) [Top] 

The Office of the United States Trade Representative issued a memo regarding the admission of Chilean and Singaporean professionals to the United States under the Free Trade Agreements with these respective countries. Pursuant to these agreements, 1400 Chilean Professionals and 5400 Singaporean professionals may be admitted under H-1B1 visas. 

The specialty occupation in the H-1B1 visa program will be interpreted similarly to the term “specialty occupation” as defined for H-1B visas. H-1B1 Singaporean and Chilean professionals will be required to overcome the presumption of immigrant intent. Obtaining an H-1B1 visa will require an attestation (prior to entry) modeled after the Labor Condition Application for H-1B visas. The Chilean and Singaporean professionals will come under the H-1B umbrella, as H-1B1 professionals. These professionals will be capped under the overall H-1B program cap. A new attestation will be required for an H-1B1 professional every three (3) years. The same level of fees will be charged for H-1 and H-1B1 visas.

CALIFORNIA SERVICE CENTER (CSC) LIAISON MEETING (09-02-2003) [Top] 

The next California Service Center (CSC) Liaison Meeting is scheduled to be held on August 27, 2003. Highlights of this meeting will be posted on this website shortly thereafter.

CSC UPDATE ON ADJUDICATION OF I-140s AND I-485s  (09-02-2003) [Top] 

CSC (California Service Center) announced that until September 30, 2003, there would be delays in responding to inquiries on Forms I-140, concurrently filed I-140/I-485s and I-485 cases with previously approved I-140s. The CSC is temporarily directing its resources into adjudicating all pending I-360s, I-485 cases with previously approved I-360s and I-824 applications.

LATEST H-1B VISA STATISTICS (09-02-2003) [Top]

The BCIS announced that during the first three quarters of fiscal year 2003, 56,986 H-1B visa petitions were approved. These petitions are counted against the annual cap of 195,000 workers. 

Additionally, 84,534 H1-B visa petitions were approved for persons who are exempt from the congressionally mandated cap under this visa category. Exempt workers include persons employed by higher educational institutions, nonprofit and government research organizations.  

Additionally, 47,813 H-1B petitions are pending adjudication. If approved, one third of them would count against the cap.  

The number of H-1B visa petitions filed in the third quarter of 2003 was up fifteen (15) percent for the same quarter of fiscal year 2002. The number of receipts for H-1B petitions through the first three quarters of 2003 was three percent higher than for the same period of 2002. 

LewsLaw Server Shut Down for Maintenance (08-15-2003) [Top]

The LewsLaw Server is temporarily shut down for maintenance from Friday, August 15 until Monday, August 18.  Therefore, online client status and client questionnaire are not accessible.    

CALIFORNIA SERVICE CENTER (CSC) LIAISON MEETING (08-13-2003) [Top]

The next California Service Center (CSC) Liaison Meeting is scheduled to be held on August 27, 2003. Highlights of this meeting will be posted on this website shortly thereafter.

California Service Center (CSC) Liaison Meeting (07-14-2003)  [Top]

The next California Service Center (CSC) Liaison Meeting is scheduled to be held at the end of August 2003 (no fixed date as of yet). Highlights of this meeting will be posted on this website shortly thereafter.

Nonimmigrant Visa Applicant Interviews (07-14-2003)  [Top]

Because of the current heightened security concerns, the Department of State has reviewed its visa application and issuance procedures. Revised regulations, effective August 1, 2003, provide more specific guidelines on eligibility for a waiver of a personal appearance by a consular officer (at his discretion) for the following six categories:

1. Children age 16 and under;
2. Persons age 60 years or older;
3. Most applicants seeking visas for A, C-2, C-3, G, or NATO classification;
4. Applicants for diplomatic or official visas;
5. Applicants who within twelve month of the expiration of their previous visa are seeking re-issuance of a nonimmigrant   visa in the same classification at the consular post of the alien's usual residence, and for whom the consular officer has no indication of any noncompliance with U.S. immigration laws and regulations; and
6. Applicants for whom a waiver of personal appearance is warranted in the national interest or because of unusual circumstances as determined by the consular officer.

DOS Visa Revalidations (07-10-2003)  [Top]

The Department of State (DOS) announced that as of mid April 2003, it is currently taking 10-12 weeks to process visa revalidations. The DOS website for visa revalidations has been updated with additional information regarding DOS revalidation eligibility and requirements. DOS does not expedite visa re-issuance nor does it provide a status report on a pending application. Details can be found on the DOS website:

http://travel.state.gov/revals.html#3

CSC Liaison Meeting Summary for 05-28-2003 (05-31-2003) [Top]

National Customer Service Center (NCSC)
The conversion to the NCSC has been delayed.  It is anticipated that the (800) 375-5283 will come on line June 2, 2003 and that the last day the CSC lines will be answered will be June 6, 2003.  On June 9, 2003, only the NCSC line will be available for inquiries. 

Adjudication Priorities
The adjudication of adjustment applications (I-485s) continues not to be a priority at this time.  The priority continues to be given to the adjudication of  Employment Authorization Applications (I-765) and Nonimmigrant Visa Petitions (I-129).  It is hoped that I-765s will be adjudicated within 90 days (currently processing January 2003 cases).  By the end of September 2003, it is hoped that I-129s will be processed within four months. 

It is anticipated that the processing times for Immigrant Visa Petitions (I-140) will be delayed.

Adjustment Applications (I-485)
These types of cases, as mentioned above, are not a priority at this time.  The JIT Report Processing Date has not changed for a number of months due to the situation in November 2002 when the adjudication of these cases was put on hold.  Since the end of January 2003, the adjudication of these cases resumed, but since so many cases needed to have additional background checks done, and the receipt of responses to Requests for Evidence received – much of the adjucators’ time has been spent on these issues and thus very few cases, if any, have been pulled from the shelf, which would allow the date to move forward.  It is not expected that there will be much movement on these cases as a result of adjudication priorities discussed above.

Concurrent Filings
Applications for Advance Parole and Employment Authorization (EAD) will not be adjudicated until the underlying Employment Based Visa Petition (I-140) is approved.  However, if the EAD application is pending for more than 90 days and no Request for Evidence (RFE) has been issued on the underlying I-140 OR a response to an RFE has been filed more than 90 days, the individual may go to the local BCIS office to apply for an interim EAD card.

Summary  of DOL Liaison Meeting on 05-15-2003 (05-20-2003) [Top]

Labor Market Information Division (LMID)
Processing time of a Prevailing Wage (PW) Request: 14 working days
PWs obtained from LMID continue to reflect, what would be considered to be "high salaries, - the explanation given by LMID was that economic slowdown is more quickly reflected in lay-offs, reduced or eliminated bonuses etc., but more slowly translated into lowered wages.

Department of Labor (DOL) comments
Processing Times

• RIR cases: pulling 06-21-2002

• Non-RIR: pulling 05-20-2002

Number of cases pending

• RIR cases: 13,000 to 14,000

• Non-RIR: 2,000 to 3,000

• DOL processes about 2000 cases per month.

Re-Test labor market letter for RIR cases  

• If the employer withdraws the case, DOL will not send an acknowledgement letter nor will the case be returned to the employer.

• If the employer requests DOL to remand the case to EDD (EMPLOYMENT DEVELOPMENT DEPARTMENT), the case will be returned immediately, but no communication will be sent to the employer that this has occurred. Once the case is remanded to EDD, the case will be interfiled according to its original priority date.

• If the employer provides the tear sheet and DOL deems that the reasons for rejecting the US workers responding to the recruitment were vague, DOL will deny the RIR and remand the case to EDD. DOL also indicated that a Notice of Findings (NOF) could be issued instead of simply denying the RIR portion of the case, but the Certifying Officer was "vague" as to when this would happen. It might be based "simply" on the number of applicants responding to the re-test of the labor market. The impression given was it could be as few as 10 resumes received, even if reasons for rejecting these candidates were given.

RIR cases

• The Certifying Officer opined that since January 2002 there has been US worker availability for hi-tech positions - thus very difficult to process RIR cases. Not clear how he will handle these cases - but seems likely that a NOF will be issued.

Employment Development Department Comments
Processing Times

• RIR cases: pulling July 2002

• Non-RIR:

Assessment pulling 04-25-2001
Recruitment pulling 03-28-2003

Number of cases pending

• RIR cases: 10,612

• Non-RIR: 47,647

Between 04-25-2001 and 04-29-2001: 6,000 cases
04-30-2001: 25,000 cases

Remand cases

• Currently about 4 - 6 weeks queue before the case is logged in and then properly routed.

Summary of BCIS San Jose Liaison Meeting on 05-14-2003 (05-20-2003) [Top]

I-551 Corrections and/or updates
If an individual is turning fourteen years of age and needs to update his/her Form I-551 ("green card") OR a mistake exists on someone's card and this needs to be corrected, the application must be file with the BCIS local office, not ACS.

Processing times
I-485 (Permanent Residence Application)

• Family-based: 6 -8 months for interview to be scheduled

• Employment based (transferred in): 6 months from receipt

• If case continued at time of interview in December 2002 because of checks, inquiry can be made after 6 months.

• If case continued at time of interview because of checks, inquiry can be made after 2 months.

I-765 (Employment Authorization)

• Case pending: 2 - 4 weeks

• Interim: same day

I-131 (Advance Parole)

• 2-4 weeks

N-400 (Naturalization Application)

• 4 - 8 months to schedule interview (NOTE: this seems to be a little aggressive, many cases are scheduled later) 

• 1 -3 months: interview to oath ceremony

Service Center Information Lines To Be Cut Off (05-09-2003) [Top]

The Bureau of Citizenship and Immigration Services announced that the 800 customer service number (800-375-5283) will be accepting inquiries for all Service Centers starting May 12 or 13, 2003.

About two weeks later, the Service Center numbers will be cut off except for premium processing cases. All inquiries must be made to the 800 number. Inquiries requiring a Service Center response will be forwarded to the appropriate Center by the 800 number officer.  The Service Center is to reply by mail.  

CSC Liaison Meeting Summary for 04-30-2003 (05-09-2003) [Top]

Adjustment Applications
The adjudication of these cases continues not to be a priority at this time. Inquiries may only be made on cases that are 30 days beyond the date noted on the Just in Time Report. CSC is not in a position to adjudicate cases just because fingerprints may be expiring. Notices for re-fingerprinting will be issued.

The CSC did pull a sampling of cases which were filed first half of 2002 - the purpose was to determine if all the fingerprint clearances would be expiring. The sampling did not establish the expected pattern. However, rather than just re-filing these cases - they were processed. Some cases were approved, others received Requests for Evidence. This explains why some cases have been processed out of chronological order. However, at this time the CSC continues to process cases chronologically.

CSC confirmed that prior to granting any benefit to an individual, an IBIS check must be conducted. This check is valid for 35 days. However other third agency checks may be required (this would be determined on a case by case basis). Additionally, the FBI check is valid for 15 months.

Concurrent Filings 
Applications for Advance Parole and Employment Authorization (EAD) will not be adjudicated until the underlying Employment Based Visa Petition (I-140) is approved. However, if the EAD application is pending for more than 90 days and no Request for Evidence (RFE) has been issued on the underlying I-140 OR a response to an RFE has been filed more than 90 days, the individual may go to the local BCIS office to apply for an interim EAD card.

Employment Authorization Applications (EAD)
The processing of EAD applications should continue to improve. CSC hopes that by the early June 2003, processing time will be within 90 days.

Request for Evidence (RFE)
If a response to an RFE was received by BCIS more than 30 days ago without a decision, an inquiry may be made. The inquiry system is now just a two-tier system, i.e. sending a fax to the Product Line and after 15 calendar days, an email may be sent to Division XII. 

NSEERS Registration
If a beneficiary or applicant appears to be subject to NSEERS Registration, CSC will need to verify that registration has occurred before granting the benefit.

H-1B Visa Petitions
These cases will continue to be processed status quo.

Fingerprint Notices for Adjustment of Status Applications (I-485) (05-09-2003) [Top]

The California Service Center has announced that the Fingerprint Notices for I-485 applications will now be issued approximately nine (9) months after the filing date.

H-1B Visa Usage for FY 2002 (04-15-2003) [Top]

The Bureau of Citizenship and Immigration Services (BCIS) announced that 215,190 H-1B petitions were received during the fiscal year ending on September 30, 2002; of these, 197,537 H-1B petitions were approved. Only 79,100 individuals were subject to the cap. Most foreign nationals approved for extensions of H-1B employment are not subject to the annual cap. Additionally, individuals employed by institutions or primary, secondary or higher education and non-profit research are not subject to the cap.

CSC Liaison Meeting Summary for 03-26-2003 (03-30-2003) [Top]

Receipt Notices
A number of cases filed in February 2003 have not received receipts. These appear to be primarily cases, which were filed with the lower fee. CSC indicated that headquarters is working on this problem and hopes to issue receipt notices in the future (time line unknown). CSC was requested to advise the local BCIS offices of this problem, so that cancelled checks could be presented in lieu of the receipt when applying for an interim EAD card. For those needing to travel and thus requiring a receipt, CSC will entertain a request and issue a receipt (processing time could be 30 days).

Adjustment Applications
The adjudication of these cases is not a priority at this time. Inquiries can only be made on cases that are 30 days beyond the date noted on the Just in Time Report. CSC is not in a position to adjudicate cases just because fingerprints may be expiring. Notices for re-fingerprinting will be issued.

Employment Authorization Applications (EAD)
The processing of EAD applications should improve in the future. CSC hopes that by the end of May 2003, processing time will be within 90 days.

Request for Evidence (RFE)
If a response to an RFE was received by BCIS more than 90 days ago without a decision, an inquiry may be made. The inquiry system is now just a two-tier system, i.e. sending a fax to the Product Line and after 15 calendar days, an email may be sent to Division XII. 

NSEERS Registration
If a beneficiary or applicant appears to be subject to NSEERS Registration, CSC will need to verify that registration has occurred before granting the benefit.

Resumption of Labor Certification Application Processing at Department of Labor (DOL) (03-30-2003) [Top]

The Department of Labor in San Francisco is in receipt of the long awaited letter from Washington. This letter confirms that a certifying officer at the time of adjudicating a Labor Certification Application must take into consideration whether the employer has had layoffs for the geographical area and/or if there have been layoffs in the area of intended employment.

If the Department of Labor has reason to believe that the employer has had layoffs in the immediately preceding six months, a Notice of Findings will be issued asking for details of U.S. workers who were laid off. 

If there were no layoffs by the sponsoring employer, however there were layoffs in the intended area of employment, a letter is issued. This letter provides three options: 1) to retest the market by placing one advertisement; 2) to remand the application to the Employment Development Department (EDD) for processing as a regular case; or 3) to withdraw the application.

Summary of DOL/EDD Liaison Meeting of 02-12-2003 (02-18-2003) [Top]

The Employment Development Department (EDD) has advised that the cases being "pulled off the shelf" for processing at this time are as follows: 

• Non-Waiver cases filed on April 24, 2001**; and 

• Waiver (Reduction-in-Recruitment RIR) cases filed on March 28, 2002. 

** The Employment Development Department (EDD) anticipates that it will take about 3 - 4 years to work through 04-24-2001 to 04-30-2001 filings alone at the current processing rate. This is as a result of 36,000 cases being filed during this time, with 25,000 cases filed on 04-30-2001 alone. 

Number of cases pending:

RIR: 11,297                     Non RIR: 46,403

Approximately, 10,000 Non RIR cases have been filed between May 1, 2001 and February 1, 2003

The Department of Labor (DOL) has advised that the cases being "pulled off the shelf" for processing at this time are as follows: 

• Non-Waiver cases received in June 2001 (San Francisco) and November 2002 (Seattle); and 

• Waiver (Reduction-in-Recruitment RIR) cases received in December 2001 (San Francisco) and August 2002 (Seattle). 

Number of cases pending at Region VI:

RIR: 12,00o to 14,000***             Non RIR: 2,000 to 4,000

***These cases are for the most part on hold, having been so for a number of months, waiting for instructions from headquarters in Washington, D.C. However, DOL is currently moving forward with those applications where DOL has information that the employer is laying off workers and issuing a Notice of Findings (NOF). 

The following explanation was given as to why the Prevailing Wages continue to be high for 2003 as reflected in the OES/SOC wage survey:

"Economic downturns typically are quickly reflected in lay-offs, reduced or eliminated 
bonuses, and increases in unemployment insurance claims, but much more slowly 
translated into lowered wages."

If DOL remands a case to EDD for regular/supervised recruitment, the case is placed in the queue according to the date of filing with the EDD office.

DOL is currently working on a list of specific occupations in which there is NOT a shortage of US workers.

Summary of INS San Jose Liaison Meeting on 02-12-2003 (02-18-2003) [Top]

For family based adjustment cases filed at the office, the processing time to schedule an interview is approximately 6 to 8 months. Accompanying work permits and advance parole applications are processed within 2 to 4 weeks.

If an adjustment interview is continued for background checks, an inquiry is not to be made for 6 months. If an adjustment interview is continued for other than background checks, an inquiry is not to be made for 4 months. (Apparently 1/3 of the adjustment cases are pending interviews, while the other 2/3 are continued cases.)

Fingerprints continue to be taken at the Story Road address, the new address on Charcot is not yet operational, and may not open until end of March 2003.

For naturalization cases, interviews could be scheduled within 4 to 6 months, if all the clearances and the original file is received at the California Service Center (CSC) for forwarding to the local office. From interview to swearing in ceremony, it usually takes 2 to 3 months.

The local office will no longer correct Forms I-94, which were incorrectly annotated at the time of admission. The correction will only be done if Form I-102 is submitted - processing time may be 2 to 4 weeks. If the error was Service error, Form I-102 will be accepted without a fee.

Special Registration: If someone reports and is not required to be registered, the local office WILL NOT annotate Form I-94. The local office indicated, "in loose terms, any person born in a targeted country is a national of the birth country. There are few exceptions." An individual may register at ANY office; it is not controlled by jurisdictional boundaries. 

Although INS will cease to exist as of March 1, 2003, the local office expects to continue doing business as usual. 

Deadline Extended for Special Registration of Groups 3 and 4 (02-18-2003) [Top]

The Department of Justice has extended the registration periods for certain temporary visitors to enroll under the National Security Entry Exit Registration System (NSEERS). The deadline by which nationals or citizens of Pakistan or Saudi Arabia (Group 3) who need to register has been extended until March 21, 2003. The deadline for nationals or citizens of Bangladesh, Egypt, Indonesia, Jordan or Kuwait (Group 4) has been extended until April 25, 2003.

Document Shredding at CSC (02-04-2003) [Top]

The media has recently reported the indictment of a former Immigration employee for shredding documents in the spring of 2002. This issue had been raised by the CSC at the time and it had been reported that the shredding was of correspondence - not applications. 

Summary of CSC Liaison Meeting Held on 01-29-2003 (02-04-2003) [Top]

Many resources at the California Service Center (CSC) have been dedicated to the adjudication of TPS cases, which has a deadline of March 1, 2003. The CSC had approximately 60,000 of these cases; at the time of the meeting, only 15,000 cases remained to be adjudicated. It was therefore expected that these cases would be timely completed by the deadline of March 1, 2003. Adjudicators would then begin processing pending work permit applications (I-765s) for other categories.

Significant resources have also been detailed to the processing of pending H-1B visa petitions. The CSC indicated that extensions of H-1B visa petitions should soon be adjudicated within four months, whereas change of status cases should be processed within five months.

Adjustment Applications (I-485s)
CSC confirmed that the processing of I-485s has resumed and that notices should start to be generated within the next   2 - 4 weeks.
NOTE: The CSC has a standard operating procedure that if an I-485 has been pending for more than one year, a RFE (Request for Evidence) must be sent out to confirm that the applicant is still employed with the sponsoring organization.

Registration of Certain Nonimmigrant Aliens from Designated Countries, 
List of Countries Expanded further (01-20- 2003) [Top]

The Immigration and Naturalization Service has further expanded the list of countries, whose nationals or citizens are subject to special registration if they entered the U.S. on or before September 30, 2002 and who will remain in the U.S. after March 28, 2003. Males age 16 or older from Bangladesh, Egypt, Indonesia, Jordan or Kuwait must register between February 24, 2003 and March 28, 2003. This registration is applicable to any alien who is a national or citizen of a designated country, notwithstanding any dual nationality or citizenship.

The registration involves photographing, fingerprinting, and interviewing under oath.

Aliens who fail to register, will be considered out of status and may be subject to removal. They may be subject to arrest, detention, fines and /or removal from the United States, and any future application for an immigration benefit from the United States may be impacted.  

Registration of Certain Nonimmigrant Aliens from Designated Countries, 
Group I and II Deadlines Extended (01-20-2003) [Top]

Nationals or citizens, males age 16 or older, from Afghanistan, Algeria, Bahrain, Eritrea, Iran, Iraq, Lebanon, Libya, Morocco, North Korea, Oman, Qatar, Somalia, Sudan, Syria, Tunisia, United Arab Emirates and Yemen, who have not registered during the first two rounds of registration may register between January 27 and February 7, 2003. Registration during this period shall be considered timely under the original INS notices.

This Web Site Upcoming Updates (01-20-2003) [Top]

On January 29, 2003, a Liaison meeting is scheduled with the California Service Center.  At that time, additional information on INS processing times and procedures may become available.