Processing Updates from NSC
Posted Mar 18, 2000

In the American Immigration Lawyers Association's most recent conference call with the Nebraska Service Center (NSC), the following issues were discussed:

Fax Back System implemented for Simple Requests for Evidence (RFEs) for H-1 Cases :

NSC has implemented, on a limited basis, a fax back system for H-1 cases, which would allow INS officers to fax RFEs addressing minor issues or problems. This system was implemented because of delays caused by mailing out an RFE and then routing the response to an adjudication officer after it is received in the NSC's mailroom. Currently, the Petitioner has 72 hours to fax the RFE back to the Service Center. If there is no fax back response within the 72 hours, the general rule has been to send the RFE by mail and allow the standard 12 weeks of response time.

Even though the fax-back system is only being used by some of the INS officers handling H-1 cases, the NSC plans to implement the system for all H-1B cases and eventually for all case types. Please note that the fax procedure will be used only for simple requests, not for those requests requiring extensive documentation.

Adjudication of H-1B Cases :

The Nebraska Service Center has distributed H1B cap and non-cap cases bearing a receipt notice date of early January 2000 to adjudication officers for processing. In addition, they noted that the number of H-1 cases has been "heavy" over the past several months.

Adjudication of I-140s and I-485s :
Significant backlogs in I-140s developed during 1999. NSC is making efforts to address that problem, and hopes to catch up on EB-2 labor certification-based I-140s with receipt dates up through July 1999. NSC reports that it is working on backlogged EB-2 cases in priority date order rather than the date of receipt.

NSC advised AILA that they are currently making decisions on I-485s received in September 1998.

The NSC will be looking into the concerns raised by AILA about the inordinate amount of strange Requests for Evidence and rulings from certain INS officers.

The Law Office of Sheela Murthy, as always, will continue to provide information from the Service Centers as it is provided to us on a regular basis.