TSC Update : January 2003
Posted Jan 03, 2003

AILA recently released notes from an October 7, 2002 meeting with the Texas Service Center. These issues continue to be pertinent and we take this opportunity to share them with MurthyDotCom and MurthyBulletin readers.

Fingerprinting

As of October 2002, many of those who filed their I-485s at TSC between May 2001 and December 2001 had still not received fingerprinting notices while other applicants, with later filing dates, had received their fingerprinting notices. TSC officials responded that they are working with the application support centers (which generate the fingerprint notices and process the fingerprints) to coordinate the discrepancies with respect to fingerprinting. They note that if the primary beneficiary's case is approved, any derivative family members (spouse / children) with pending I-485s should be scheduled for fingerprinting and their cases reviewed in as prompt a manner as is possible.

H1B Layoffs

TSC was asked about its policies on the processing of H1B petitions and requests for extensions of H1B status for laid-off H-1 workers. As unfortunately has been the case for many H1B workers, current economic conditions have led to layoffs without warning. Technically, these H1B workers are to be considered out of status and, thus, ineligible for changes or extensions of status. However, TSC officials informed us that they will continue to favorably adjudicate requests for H1B extensions if only a "reasonable amount of time" has elapsed between the layoff and the new filing. The factual basis for the request must be set forth in a clear manner. TSC was not willing to provide any general relief in this regard. They informed us that each case will be decided on its own particular facts.

I-140 Adjudications

TSC provided a time estimate of 30-45 days for adjudication of I-140 petitions following the submission of a response to a Request for Evidence (RFE).

Extraordinary Ability Petitions

TSC has been issuing a large number of Requests for Evidence (RFEs) in EB1 Extraordinary Ability petitions with respect to the criteria of "judging the work of others." TSC examiners were questioning the applicant's work in acting as a reviewer for scientific journals, if the journals at issue were not the highest ranked journals in the field. AILA pointed out that, under the law, serving as a referee for scholarly, peer reviewed journals meets the "judging the work of others" criteria, even if the journal is not the highest ranked journal.

Senior TSC officials acknowledged that serving as a reviewer for a recognized journal is an acceptable form of evidence in an Extraordinary Ability case. They also confirmed that publication of articles in any ranked scientific or academic journal would fit within the types of publications required as proof in EB1 and O-1 cases. It is not necessary that the journal be the highest ranked in the field. Of course, the ranking of journals which contain publication/s by the applicant will be weighed with all other supporting evidence in determining whether to approve the EB1 case.