LewsLaw Monthly Immigration Newsletter May 2009 Volume 1, Number 3
Updates from Nebraska Service Center (NSC)
NSC announced that at the end of December 2008, its backlog was 250,000 cases. This backlog was reduced to 87,500 cases by the end of March 2009.
NSC also confirmed that it is working on I-485 employment-based cases even though the priority dates are not current. Requests for Evidence (RFEs) are being issued or cases are being transferred to the local offices even if visa numbers are not available to adjudicate cases.
NSC is now able to refresh fingerprints internally for about 95% of cases where the initial fingerprints were taken after January 1, 2006. However, there were system breakdowns for fingerprints taken between late 2007 and early 2008; for those situations, new biometric appointments will be scheduled. Additionally, sometimes fingerprint data is missing from the system, so appointment notices will also be sent out. Only about 5% of all cases need to be rescheduled for re-fingerprinting.
NSC is also sending out Requests for Evidence on pending adjustment applications asking the applicant to demonstrate employment authorization after the expiration date of the work authorization noted on the I-485. Although officers do have access to systems for checking that an employer has filed an H-1B extension, the systems do not always work: there may be data errors or conflicts.
For employment based cases where a derivative spouse has been married to the principal applicant for less than 2 years, NSC will look for documentation of a bona fide marriage and may either issue an RFE or refer the spouse’s application to a local office for an interview, where such documentation is absent.
Employment Visa Numbers for June 2009
The Department of State’s June Visa Bulletin shows that employment based second preference for the world remain current.
However, visa numbers for second preference employment for India have retrogressed to 01-01-2000. This is apparently due to the heavy demand for visa numbers by USCIS to adjudicate pending Applications for Permanent Residence. It is anticipated that by the fourth quarter (starting July 2009), visa numbers for this category may also be exhausted for the balance of this fiscal year i.e end of September 2009.
However, Second Preference Employment for China remains unchanged at 02-15-2005.
Department of Labor initiates its new iCERT Portal
Labor Condition Applications (LCA) in support of H-1B Visa Petitions under the Department of Labor’s (DOL) new iCERT Portal are being processed usually in three to seven business days.
Department of Labor (DOL) announced that the “old” Labor Condition Application system has not been suspended on 05-15-2009 as originally planned. This system will now continue until 06-30-2009. Thus it will not be mandatory to use the iCERT Portal until 07-01-2009. DOL continues to make fixes to the iCERT Portal in response to issues raised by the stakeholders who use the system.
Change of Filing Location for Form I-90
As of April 28, 2009, the filing location for Form I-90, Application to Replace Permanent Resident Card (commonly referred to as a “green card”) is as follows:
Mailing address:
USCIS
P.O. Box 21262
Phoenix, AZ 85036
USCIS
ATTN: I-90
1820 Skyharbor, Circle S Floor 1
Phoenix, AZ 85034
The revised filing instructions require applicants to submit supporting documentation with their applications.
The change in filing location affects all I-90 applicants filing a paper form, including those applicants filing the I-90 because their previously issued card was never received or because their existing card has incorrect data due to a USCIS error.
This notice does not affect applicants filing an I-90 electronically or whose place of residence is outside the United States.
Update on U.S. Consulate Operations in Ciudad Juarez, Mexico
U.S. Consulate has re-opened consular operations on a rolling basis. The Consulate’s American Citizen Services unit resumed full operations on May 7, 2009. Immigrant Visa Operations resumed on May 18, 2009. Applicants whose appointments were canceled have been rescheduled for the period June 5 – June 12, 2009.
The Consulate General’s non-immigrant (visitor) visa unit resumed normal operations on May 11, 2009. Applicants who have completed processing at the Applicant Service Center and had their consular interviews canceled may contact the call center at no charge by calling Mexico: 01-800-719-2525.