NSC Update : March 2002
Posted Mar 02, 2002

On January 30, 2002 the American Immigration Lawyers Association had a teleconference with the INS Nebraska Service Center (NSC). We include for our MurthyBulletin and MurthyDotCom readers some helpful, specific information regarding internal INS processing and procedures.

Employment-Based Applications for Adjustment of Status (I-485)

Portability

NSC indicated that I-485 cases utilizing the portability provisions (the "180-day rule") under the American Competitiveness in the Twenty-First Century Act (AC21) are reviewed on a case-by-case basis to determine whether an interview is required. Depending upon the circumstances, the INS may transfer the case to the District Office for an interview. NSC stated that the type of documentation they prefer in portability cases is evidence that will allow them to compare the primary duties of the position described in the labor certification with the new job duties. They state that it would be "helpful" if the new employer provided a letter addressing the nature of the primary duties, job requirements, and salary. "We are interested in essential information that will help us determine whether the new position is similar to the one on which the adjustment application was based."

The MurthyBulletin provided a detailed explanation of the portability provisions in our June 25, 2001 article entitled, INS Finally Issues its Initial Guidance on AC21 in June 2001, available on MurthyDotCom.

Fingerprinting

Fingerprint notices continue to be a problem for employment-based I-485s filed between January and April 2001. Eight thousand (8,000) cases were not scheduled for fingerprinting within the generally prescribed time. Most of these were issued fingerprint notices in November and December of 2001. The INS is running "sweeps" to locate approximately 1,500 remaining cases in need of fingerprint notices.

Processing

The NSC says it has been "hitting new records" in the reduction of I-485 backlogs over the past few months, including both employment-based and other I-485s. The Center is conducting periodic "sweeps" to identify and process older, pending employment-based I-485s.

Green Card Issuance

With respect to the production of the plastic Form I-551 ("green card") following case approval, the NSC has cleared the backlog entirely. They announce it currently takes approximately seven months from the time they receive the completed Form I-89 to the time they produce the plastic "green card." The I-89 is a white, cardboard form bearing the applicant's signature and index fingerprint on two sides. This is used in generating the plastic "green card." The INS prepares the I-89 either at the time of the adjustment of status interview or, in cases when there is no interview, at the time the applicant appears at INS to obtain a "temporary evidence" stamp in his or her passport after the I-485 has been approved.

Relative Petitions (Form I-130)

There is a significant backlog in processing I-130 filings. The backlog for immediate relative cases is 110 days, while the backlog for other categories of I-130s is five and a half months. Immediate relatives are spouses, parents and minor, unmarried children of U.S. citizens. Apparently the LIFE Act created a substantial "bubble" of immediate relative cases filed between the end of December 2000 and April 30, 2001. Since immediate relative cases are a higher priority for INS adjudication, other categories therefore have seen increased delays. For example, NSC reports that, due to the LIFE Act "bubble," it will take longer to complete the processing of the I-130s filed by permanent resident spouses.

Accessibility

It is very difficult to reach the NSC by telephone, which always seems to be busy. NSC says they have looked into adding more lines but their system is at capacity. INS headquarters has advised the NSC that an on-line inquiry system is coming but there is no timetable for this improved system.