INS Update on Employment-Based Petition Processing Issues
Posted Apr 25, 2000

INS Headquarters officials regularly meet with representatives of the American Immigration Lawyers Association (AILA). The following is a report on some of the issues discussed in a meeting on March 29, 2000, that may be of interest to our readers.

(a) INS Discovers Service Center Shopping for H-1B Petitions

As reported in this week's MURTHYBULLETIN, KPMG Consulting has released their report on the H-1B count (see article # 2 above). One finding, which greatly concerned INS officials, is Service Center "shopping," namely, when H1-B petitions were concurrently filed for the same petitioner and the same beneficiary at multiple Service Centers.

Even though Service Center shopping is not expressly prohibited, it is assumed that companies and their representatives would file a single H1B petition for each case, with the one Service Center that has jurisdiction over the petition. INS has not clarified on how they will address this problem but they are concerned about it.

(b) INS Efforts to Improve Processing Times for Form I-129

The INS is currently working on devising systems to improve processing times at the four Service Centers. INS began a comprehensive review of processing methods for Form I-129 (form used to request temporary working status such as H-1B, L-1, H-3, O, and P, among others). This review aims to streamline the process by eliminating redundancies, updating the processing methods and removing procedural steps that add no value. Representatives from the four Service Centers will meet in June 2000 to discuss various proposals.

(c) INS is not ready to allow concurrent filings of I-140 petitions and I-485 applications

INS has confirmed that it intends to implement a system to allow concurrent filings of I-140 petitions and I-485 applications. However, there are certain hurdles, which must be overcome first. One is a legal issue that the INS is confident it can resolve. (Details on the particular issue were surprisingly not provided.) The other matter is how to deal with the likely increase in the I-485 workload once the new procedure goes into effect.

INS indicated that at present, it is concentrating on major infrastructure improvements, which include high-speed printers and scanners, upgrades to the CLAIMS programs to allow reliable case tracking and status checks on the internet. Currently, INS needs to devote its financial resources to these pressing priorities, as part of its long-term effort to maximize efficiency so that INS Service Centers will be able process a large caseload in a timely manner, without increases in staffing. Ambitious initiatives proposed for the next few years include electronic filing, and a system to store biographic data in a way that allows for quick replacements of documents.

(d) INS goals in addressing possible increase of H-1B numbers for FY 2000

In recent issues of the MURTHYBULLETIN, we reported that Bills have been introduced in the U.S. Congress which propose to increase the H-1B cap for this fiscal year FY 2000). If the legislation passes, INS plans to commit the resources necessary to use the additional H1B numbers. The INS also noted that it would be advisable to point out if an earlier start date is desirable in the event new numbers become available.
 
As reported in last week's MURTHYBULLETIN (for April 14, 2000), INS has confirmed that the "magic words" to be placed on Form I-129 to insure a start date prior to October 1, 2000, if additional numbers are allotted is "10/1/2000 or earlier." The Service Centers have been instructed to accept and process such cases.

The Law Office of Sheela Murthy, P.C. will continue to provide further updates on this important issue as information becomes available.