TSC Update : April 2004
Posted Apr 30, 2004

The backlog of cases at the Texas Service Center (TSC) is a significant problem, with processing times measured in years in many instances. This affects many readers of MurthyDotCom and the MurthyBulletin. We, therefore, provide the following update on procedures and plans at the TSC, released in April 2004. The information was provided by Evelyn Upchurch, Director, TSC, and Ninfa Luna, Assistant Center Director for Documents, in response to questions from the State Bar of Texas.

Staffing Levels

The TSC presently is experiencing a personnel vacancy rate in excess of 25 percent. It has significant problems in obtaining security checks for potential employees. These security checks take up to 200 days. Because, in many cases, people cannot wait that long to start a job, the prospective employees accept other offers of employment before the security checks are cleared and the job at the TSC can be finalized. The TSC also has high rates of attrition, due to positions that are for a set term rather than being permanent. Because people are seeking permanent positions, there is high rate of employee turnover. Of course, as with any business, having many vacant positions reduces productivity.

Immediate Relatives and I-824

The TSC has an enormous backlog in I-130 cases. Even immediate-relative cases are taking around two years, despite their having available visa numbers and having been given priority in processing. The TSC advised that there is a plan, both at the TSC and the Nebraska Service Center (NSC), to reduce the backlog in immediate relative I-130 cases. The plan sets a goal of bringing the processing times to within one year of receipt of the case.

The TSC also plans to reduce the backlog in I-824 processing for Applications for Action on an Approved Petition. The I-824 is used to initiate following-to-join cases for relatives who are abroad. The delays in I-824 processing often keep spouses and children in employment-based cases separated from their relatives in the United States. Faster processing of I-824s would be an enormous benefit in uniting families earlier, a goal of our immigration policies.

Balancing Various Work Priorities

The TSC confirmed that it sets priorities for work completion based first upon judicial mandates. Second priority cases are those that affect the local District USCIS offices, and third are all other cases that are selected as Service Center priorities for any reason. What this generally means is that improvement in one type of case, designated as a priority based on law or policy, results in a slow-down in the processing of a different, non-priority case.

Portability Only after I-140 is Approved

The TSC confirmed that they are following the August 2003 Memo regarding AC21 portability. For a detailed analysis of this Memo, see our August 12, 2003 article, BCIS Memo on I-485 Portability after I-140 Revocation, available on MurthyDotCom. The TSC verified its position that the beneficiary cannot use AC21 portability until the I-140 has been approved and the I-485 has been pending for 180 days. It also stated that the beneficiary must inform the service center of the change of job when s/he uses portability. We note that, while this is implied in various USCIS or Legacy INS Memos and is what we routinely recommend, this requirement is not specified in the AC21 law itself.

We will continue to advise MurthyDotCom and MurthyBulletin readers of any further important updates at the TSC and any other service centers.