NSC Expects I-140 Processing Times to Improve
Posted Sep 22, 2006
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At a meeting with members of the American Immigration Lawyers Association (AILA) on August 31, 2006, representatives of the USCIS's Nebraska Service Center (NSC) were asked why there has not been significant movement in their I-140 processing times in the last few months. The NSC responded that it had taken on a backlog of I-140 petitions from the Vermont Service Center (VSC), which slowed their I-140 processing. The NSC also reported that this backlog will soon be cleared and that, once it has cleared, they expect the I-140 petition processing times to improve dramatically.
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Cases Split between TSC and NSC : TSC Currently Faster
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As many MurthyDotCom and MurthyBulletin readers know, under bi-specialization, I-140 petitions are sent to the NSC, which allocates a portion of the I-140 petitions to the Texas Service Center (TSC) for processing. TSC has had faster processing times than the NSC for I-140 petitions, so far.
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NSC Decides Which Cases to Send TSC
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Many employers and foreign national beneficiaries have asked whether their I-140 cases can be sent directly to the TSC instead of the NSC. The response is that they cannot. The cases have to be filed with the NSC. Once at NSC, immigration attorneys are unable to control whether the NSC will retain the I-140 petitions or decide to forward them to the TSC for processing.
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Further, we have seen past instances where one USCIS service center's processing times have slowed at the same time that another service center's processing times have increased, so just because a case is sent to the TSC instead of the NSC does not mean it ultimately will be approved more quickly. Hopefully, once the NSC completes the additional cases they assumed from the VSC, the processing times will be on par, more or less.
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Premium Processing - a Possible Option
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If a faster processing time is needed for an I-140 petition, it may be possible to utilize premium processing. Premium processing is available for qualifying EB3 cases, as explained in our August 25, 2006 MurthyBulletin article, EB3 I-140s Premium Processing and its Restrictions, available on MurthyDotCom.
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As stated in that article, some individuals will not be able to take advantage of premium processing, even if they file under the EB3 preference category. Examples would be those using labor substitutions or cases without the original labor certification attached. For strategic reasons, in some cases, it may make sense not to use premium processing, even if it is available. One should discuss these matters with a qualified, experienced immigration attorney. If you do not have an attorney and wish to consult with our law firm, we would be pleased to assist you.