Update Regarding Procedural Issues at the Vermont (VSC) and other INS Service Centers
Posted Sep 4, 1998

Processing times for employment-based immigrant visa petitions (I-140s) have recently increased, from the previous 30 days to over 90 days at the VSC and Texas, California and Nebraska are taking approximately 8-9 months to start reviewing their I-140s. Another problem for those who will be affected is that the INS is only according EB3 classification instead of EB2 classification where the job clearly provides that a B.S. plus 5 years of work experience is the minimum required by the employer to perform the job duties. The Law Office of Sheela Murthy is attempting to address this problem and obtain some clarification from INS with respect to its incorrect (in our opinion) interpretations of the definition of an "advanced degree" in approving the I-140 Petition.

VSC has advised AILA that it is currently placing a priority on nonimmigrant cases (Form I-129 and I-539), in order to maintain the expeditious processing times for those applications and petitions. The Law Office of Sheela Murthy has been noticing that VSC has also recently started approving H1B cases from earlier this year that were filed in March, April and early May of this year that could not be approved because of the H1B cap problem.

VSC has indicated that they have a one-year backlog on applications for adjustment of status. They are attempting to resolve this backlog, but it appears that processing times for I-485 applications have significantly increased since the middle of 1997. Another problematic development at VSC is that a software problem has prevented the Service Centers from manufacturing the new "green cards." INS reportedly hopes the problem will be corrected shortly and we hope so too!