Attorney Murthy Visits the NSC in November 2000
Posted Dec 15, 2000
On November 2, 2000, Attorney Sheela Murthy traveled to Lincoln, Nebraska to attend a meeting with the Director and other senior officials of the Nebraska Service Center (NSC) with a group of attorneys from the American Immigration Lawyers Association (AILA). A summary overview of the meeting is outlined below, including some tips that we are pleased to share with our readers.
Neil Jacobson, the supervisor in charge of the National Interest Waiver, Outstanding Researcher, and Extraordinary Ability Department -- appeared to be very knowledgeable and detail oriented, with a thorough understanding of the applicable laws. Fred Wegelin, the supervisor in charge of the H1B Department, completed his Bachelor's Degree in computer science about 25 years ago. There was much heated discussion about why detailed RFEs were being sent by NSC on routine H1B cases involving job duties requiring a person in a specialty occupation -- people who are clearly qualified. Mr. Wegelin said that he would have serious concerns with job duties and descriptions that did not clearly explain the nature of the assignments or the percentage of time allocated to each task, and other convincing details indicating that a given position is indeed a specialty occupation.
Evelyn Martin, the supervisor in the L-1 Adjudication Department, implied that there are few problems with L-1 cases as applicants show the requisite one-year experience abroad in a managerial, executive, or specialized knowledge position, along with a job offer in one of those capacities with the company in the U.S.
There were also discussions on other non-immigrant visa categories, as well as I-485 (adjustment of status) and N-400 (naturalization). The tips given by Bernadette Trevor, one of the supervisors in the I-485 Department, were as follows:
a) The names of both parents should be mentioned on the birth certificate or, if the only birth certificate available does not mention both parents, there should be Affidavits attached to the birth certificate;
b) Marriage and birth certificates, as applicable, should be in each beneficiary's file;
c) Expedited review is possible for age-out cases (i.e., cases involving a beneficiary / applicant turning 21 years of age); it is a good idea to contact the American Immigration Lawyers Association (AILA) representative to ensure that the NSC pulls such a file out of its regular processing.
To flag an age-out case, use a bright yellow marker or highlighter and mark it to the attention of the supervisor. It may be a good idea to double envelope the package to make sure that it goes directly to the I-485 supervisor.
d) The facial features on the photographs of the I-485 applicant should be clearly visible to enable the issuance of the I-551 or Green Card. (Otherwise, the INS will have to send a notice to the applicant requesting a new set of photos.)
e) Apparently, approximately 45,000 I-485s were approved in Fiscal Year 2000 and anywhere between 77,000 - 105,000 are expected to be approved in Fiscal Year 2001. As of November 2000, the NSC was processing I-485 applications received in August 1999.
Other general tips to keep in mind are :
i) For H-1 and other nonimmigrant petition cases (L-1, R-1, etc.) enclose an extra copy of the full package if the non-immigrant petition requests Consular Processing -- for example, if the beneficiary is overseas. This step saves the NSC the time and effort of photocopying the file to be forwarded to the concerned Consulate.
ii) As in prior meetings with Service Center officials, the officials suggested that placing tabs at the bottom rather than on the sides is helpful for filing purposes.
After the discussion, there was a tour of the NSC, with a view of the methodology of working and other details. The meeting was useful because it provides us insight into the concerns, attitudes, and philosophies of people who constitute the leadership at the NSC, and into the working conditions and procedures at the Center. © The Law Office of Sheela Murthy, P.C.
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