On April 15, 2014, two of our attorneys, Attorney Jerry Zhang and Attorney Andrew McCusker attended a round table meeting at the Texas Service Center (TSC). During this informative trip, our attorneys was able to extensively talk with various members of TSC including Director Gregory Richardson, the Premium Processing Unit Chief, the Counsel for EB-1C and other various officers. From this experience, we have learned valuable information on the procedures and inner workings of TSC. The following are some helpful information that might assist you when you are preparing your case with USCIS:

Case presentation is very important. Immigration officers prefer colored dividers between groups of evidence. However, be sure to avoid red, pink or goldenrod divers as these colors have significance at TSC and could cause confusion. Officers prefer petition letters to be succinct and to-the-point, and to avoid providing more information than necessary. Nobody likes to be buried in unnecessary paper work. Officers want cases to be direct and clear about why the evidence satisfies the regulations. It is easier for them to approve than to deny or issue a RFE. One officer said that he rarely reads attorney petition letters/briefs, and prefer to interpret the evidence directly but he was quick to say that every officer has different approaches and preferences. Ultimately, it is of paramount importance to be well organized and make the process as easy as possible for the immigration officer.

Officers recommended making the petitioner’s field/ subfield of research very clear. They understand that different fields generate different levels of publications and citations. For example, officers expect a high number of citations for medical research (200) while expecting a low number for concrete engineering (50). 

For premium processing cases, it will stay with the original examiner, rather than be transferred to the premium processing division so filing for premium processing will not help a petitioner get out of a tough RFE or examiner.

The Officers normally use the internet to conduct their own research on the petitioner and will sometimes do this in order to avoid issuing an RFE.

In the cases of refiling, the officer will have access to both the original file and the re-file. One officer said that he will often compare the two to see what was new and suggested that the making clear in the re-file why the case is now approvable is important.

For EB-1B, while the regulations are clear on what needs to be provided to prove ability to pay, a general practice has developed to provide evidence (pay stubs) that the employee is currently being paid their wage to prove this requirement. USCIS often accept this evidence as sufficient although many times will issue an RFE. TSC confirmed its policy that pay stubs alone are not enough and that we should provide one of the forms of evidence outlined in the regulations. Some TSC officers will often do their own research to determine ability to pay in order to avoid issuing an RFE, which might explain why many cases have been approved on paystubs alone. If one provides a letter from a financial officer, the letter should establish (1) the company employs 100 or more workers, (2) what the financial officer’s duties are and how he/she is aware of the company’s financial situation, and (3) the company can pay the wage.

Attorney Andrew McCusker also asked about TSC’s reputation for being easier on petitioners than NSC, a senior training officer humorously remarked that there are probably more exceptional people in the TSC’s jurisdiction.

Attorney Jerry Zhang visited the EB division which occupies the entire fourth floor. The immigration officers work in their own cubicles with no independent offices and a majority of them work at home and telecommute to work. About 150 USCIS officers work in the EB unit. They have the chart of "Green Card Avalanche" with a skier skies downhill. In three months, they approved 18,000 I-485 cases based on EB-1, EB-2 and EB-3. Their goal is 19,000 I-485 approvals every three months. Among the 150 officers, 60 of them work at the premium processing units.

The TSC officers were very professional, articulate and helpful. When a USCIS officer learned that Attorney Jerry Zhang is from Zhang & Associates, P. C., he said, “I know that we have many EB-1 and NIW cases from Zhang and Associates and your guys' work are outstanding."

In another occasion, when Attorney Andrew McCusker introduced himself to one officer, the officer said, “You’re with Zhang? I like Zhang!”

Moreover, Attorney Kristin Whitaker, a former USCIS officer at the Administrative Appeals Office (AAO) of the USCIS has worked for Zhang & Associates, P.C. since February 4, 2013 as a Senior Attorney and Training Manager.

For the past five years before she joined us, Kristin had served as an attorney for the USCIS working in the AAO, handling a wide range of appeals cases. This experience has given her a unique insight into the USCIS which she utilizes to assist clients in obtaining the best possible results.

We published another article earlier about this visit. If you have not had a chance to read it or just want to read it again, please click the link as follows:

http://www.hooyou.com/news/news2014/news042514tsc.html

If you are interested in filing a NIW or EB-1 but not sure if you are qualified, please contact Attorney Jerry Zhang at jzhang@hooyou.com. He will provide you with a free evaluation.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past eighteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Silicon Valley • New York • Los Angeles • Chicago • Houston • Austin • Seattle

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(05/02/2014)