| REPORT OF ISD
TELECONFERENCE
APRIL 18, 2002 by Sharryn Ross, Chair, ISD Liaison Committee
1.
Middle Name. In response to our inquiry, INS has indicated that we are
encouraged to provide as much information as possible regarding the middle name
of the applicant/ beneficiary. It can be inserted on all forms where it currently
says middle initial. If the individual has no middle name, it is advisable to
indicate this by, e.g., writing "None".
2. Security Checks.
Additional background clearances are now required on all cases, except for the
'N' Forms, including
N-400s, which will be included at a later date. These
background checks will significantly impact case processing time, but INS does
not yet know exactly what the permanent impact will be. Determining which possible
background check responses relate to a given applicant and which refer to someone
with the same or similar name will cause some case delays even when it is determined
that there is no relevant negative information. Cases that involve a confirmed
related response may involve more substantial delays. While it is possible that
some Premium Processing cases may be pushed beyond the 15 day processing requirement
during the initial ramp up phase of this operation, it is expected that these
will be few and that this new background check operation will normally be able
to be accommodated within the 15 day processing window. 3. I-129/I-539
Premium Processing. In response to our question regarding the separating of
I-129 and I-539 cases, when filed concurrently, in Premium Processing, INS responded
as follows: A petition or application qualifies for premium processing only if
the Service has designated the petition or application for premium processing.
8 C.F.R. 103.2(f)(2). The interim rule designated only specified Forms I-129 as
eligible for premium processing. 66 Fed. Reg. 29,682, 29,683 (2001). It is true
that the interim rule also indicated that the Service intended to adjudicate concurrently-filed
Forms I-539 together with the principal's Form I-129. But adjudicating related
cases together is simply a matter of administrative convenience. The Service did
not designate Form I-539 as an application for which premium processing is available.
There may be cases in which, because of the facts of a case, it is not possible
to adjudicate a Form I-539 along with the principal's Form
I-129. This result
is not a failure to provide premium processing for the Form I-129, so long as
the Service acts on the Form I-129 itself in one of the ways identified in 8 C.F.R.103.2(f)(1)
within 15 days of the filing of the Form I-129. The regulation permits a refund
only if the Service fails to act on the Form I-129 itself within that period. 4.
Processing times at AAO: The current processing time by case type from
date of receipt at the AAO are as follows: H-1B: 6 months
L-1: 18 months
203(b)(1)(A): 1 year
203(b)(1)(B): 1 year
203(b)(1)(C): 1 year
203(b)(2):
22 months
203(b)(3): 5 months
Others: 3 months or less
5. Grand-fathering
of 245i labor certification. INS has confirmed that if a labor certification
is abandoned for failure to respond to the SWA regarding a request for a wage
amendment it is considered denied on the merits and cannot be used to grandfather
for 245(i) purposes, If, however, the labor certification is denied because of
change of circumstances, e.g., the company changes, it can be used to grandfather.
6.
Premium Processing of I-140s. The estimated start date for Premium Processing
for I-140s has been delayed and will not May 1 as anticipated. INS has no information
at present as to when the Premium Processing of I-140s might begin. Approved
by Steve Bucher, INS (AILA)
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