California Service Center Open House NAFSA Regulatory Ombuds - August 31, 2016

Transcription

1 California Service Center Open House NAFSA Regulatory Ombuds - August 31, 2016 These notes were taken by members of NAFSA s ISS-RP Regulatory Ombudsperson Subcommittee and have not been reviewed by the agency officials who participated. They reflect information provided by government officials in an informal setting. Liaison notes and summaries are best used as general information concerning current agency processes and policies, and it is important to recognize that agency processes and policies are subject to change. NAFSA notes and liaison summaries do not constitute legal advice. The Open House was presented by a number of Service Center administrators and representatives from family and employment-based branches, along with representatives from the U.S. Consulate General in Tijuana, an SEVP Field Representative, and the U.S. Dept. of Labor. Download the CSC Open House slides at: Table of Contents Session: Greetings and Introductions... 2 Service Center Reorganization and Staffing... 2 Session: USCIS Employment Branch... 2 Employment-Based Restructuring... 2 H-1B Priorities... 3 H-1B Processing... 3 H Miscellaneous... 3 H-1B Filing Tips... 3 Best Practices and Filing Tips E, L, O, P... 3 Session: Family, Student, SEVP... 4 Form I Form I Form I-539 Filing Tips... 4 Student Q&As... 5 SEVP Field Representatives

2 Session: U.S. Dept. of Labor... 6 Session: DACA... 6 DACA Q&A... 6 Session: Department of State U.S. Consulate Tijuana... 7 Also from Session: Family, Student, SEVP... 7 Form I-130: Petition for Alien Relatives... 7 Form I-130 Q&A... 7 Other forms... 8 Session: Greetings and Introductions Welcome, Kathy A. Baran, Director of the CSC John Abram, Chief of Staff Service Center Reorganization and Staffing In February 2016, the CSC began an internal re-organization and processing of services. This session addressed some of the challenges faced by the CSC, some of which to disruption of work and delays. 1. With the PSC online, USCIS evaluated what workload would transfer between the SCs and CSC transferred staff to PSC. 2. With this transfer the CSC took on new workload from the other SCs to balance case management 3. There has been an asbestoses clean up in progress through the CSC building along with an ongoing refresh of the facilities. a. 200 employees have moved to alternate workspaces 4. CSC experienced a high level of attrition through retirements as well as the move of staff to other Service Centers. 5. Remedies have been cross-training, overtime, and recruiting, although the CSC recognizes that processing times aren t where they need to be. 6. Service Centers deployed training roundtables on case processing for professional development and case consistency Session: USCIS Employment Branch Joe Fierro, Assistant Center Director Employment-Based Restructuring The CSC began restructuring employment-based processing in February Added a 2 nd employment branch. Each Employment Branch (EB-1 and EB-2, not to be confused with employment-based immigration petitions) has separate sections and work is divided between them. 2. Processing time is a top issue. a. The CSC is making every effort to fix slippage in processing times by additional cross-training and approving overtime. In the long term, the restructuring is intended to make the newlyformed unit handling H-1B applications self-sufficient, not needing overtime or outside help to meet processing goals. 2

3 H-1B Priorities 1. Premium processing cases have top priority 2. Cap-gap cases expect to be fully complete by Oct 1 3. Rest of cap-subject cases Goal was to have first touch on applications at CSC done by Sept RFEs and resubmitted applications want to finish by October, Nov. Yes, CSC is working on the Cap cases before they look at the cap-exempt cases. H-1B Processing 1. Would like to have H extensions done in 60 days but know this isn t even close to happening. CSC will focus on working on them when they complete the cap cases. Processing at the time of the meeting was 9-10 months out. 2. USCIS aware of 240 day period of employment authorization while extensions are pending. They will pull cases when they hit 210 days so employers should track days and notify USCIS through NCSC or online request when case has been pending for 210 days. USCIS uses a tiger team to handle these. 3. 6,000 cases had been transferred from Vermont to California. 4. Cap cases will be split 50/50 between Vermont and California. 5. To try to catch up, California sent 3,000 extension cases to Nebraska. H Miscellaneous 1. Consistency The Service Centers HQ meet via roundtables. The Service Centers are sharing templates. The CSC is reviewing NSC decisions. 2. H-4 EADs are taking days. 3. A degree from a US university abroad DOES count as a US degree for H applications 4. Decisions after RFEs require supervisor review and concurrence by the chief of the unit. 5. The CSC does make an effort to get the I-612 approved by Vermont so they can approve an H petition without having to send an RFE for the 212(e) waiver. 6. CSC said that they will NOT approve the change of status of an F-1 changing to H-1B if the applicant is subject to 212(e) due to a previous stay in J status for which they became subject to 212(e) 7. Bridging petitions USCIS will try to adjudicate the pending H petition so they can approve the more recent one. Sometimes they have to send RFE to allow time to adjudicate first pending petition 8. Noted that the Service is aware of Federal District court cases and the issue of the OOH recognizing more than one educational path for some occupations related to definition of specialty occupation H-1B Filing Tips 1. Include index and tabs 2. Make everything clear and legible 3. Can use double-sided but single is easier; if printing double-sided, flip on short end so because the document will be bound at the top. 4. Include duplicate for PIMS 5. Be sure translations have certifications 6. For amended H petitions, include explanation of why amending 7. Be sure position is specialty occupation 8. Because of Simeio decision be sure to have required LCAs for locations and supporting docs to clarify info about locations Best Practices and Filing Tips E, L, O, P 1. Double-sided ok but it is easier for USCIS if the applications are single-sided. If you submit doublesided, be sure to flip on the short edge so the application can be read when the page is lifted up. 2. Use tabs 3

4 3. Highlight important sections (Note: At a TSC Open House, officers said that highlighting can be a problem with scanning, so use a light-colored highlighter.) 4. Foreign documents should include a certified English translation 5. It is ok to omit irrelevant pages of supporting documents. 6. Do NOT forget to send the duplicate copy, even when sending RFE responses! (Note: RFE responses to premium processing can be submitted by fax. This wasn t addressed in the context of sending duplicates.) 7. O/P applications a. Include a cover letter that summarizes the petition. b. Include a table of contents and a tabbed exhibit list. c. Use solid proof should show dates, names, evidence of circulation of journals, articles, etc. Make source and importance clear. d. Include documentary evidence to support testimonials. e. Identify specifically which regulatory criteria is being addressed, including the CFR citation, and support how the evidence submitted satisfies the criteria. f. Include an itinerary and contracts, when applicable, with name, address, and telephone number of employers. g. Describe in detail the terms and duties of the beneficiary. Note that USCIS can t approve speculative employment. h. If the petition doesn t include a consultation and an appropriate organization exists, explain why one isn t included and document attempts to obtain the consultation. Session: Family, Student, SEVP Rich Nicholson, Associate Center Director, Family-Based Lynn Nguyen Ho, Section Chief, I-130 Cross-trained, flexible unit that sometimes gets work from other Centers Form I Transferred all student casework to PSC as of 3/ Common I-765 errors a. Not consulting with a DSO prior to filing b. No OPT or STEM I-20 issued prior to filing c. Not submitting required evidence d. Untimely filing e. Submitting unacceptable photos reminder of correct background, full front, watch out for glare on glasses 3. Questions: DSO s can PSC.StudentEAD@uscis.gov 4. EAD corrections: Currently being processed by the NSC NOT PSC Form I As of 01/2016 USCIS completed all I-539s received through the ELIS system. Now only accepting paper I-539s. Form I-539 Filing Tips 1. Use N/A in fields that do not apply to the applicant 2. Fill out all fields 3. Use name as provided on the passport, do not use nicknames 4. Make sure to provide your correct U.S. mailing address 5. Make sure to sign the application. 4

5 6. Signatures need to be within the signature box 7. Typed signatures are not accepted 8. Documents needed with the I Letter from the applicant with reason for benefit request 10. Copies of the valid, unexpired, passport for each application on the request. Or a copy of the receipt of renewal in the case of an expired passport. 11. I-94 Print out 12. Proof of relationship between co-applicants (ex. marriage license or birth certificates) 13. Financial Evidence 14. English translations need to be provided for all documents 15. For F/M applicants, signed I-20 and receipt of I-901 payment 16. For J applicants, signed DS-2019, and receipt of I-901 payment (when applicable) 17. Dependents: Proof of their status and proof that spouse or parent is maintaining status (pay records, school docs, etc. if primary not employed at time copy of last check and a letter explaining circumstances) 18. Common Rejections from the USCIS Lock Box a. Fee issues (incorrect amounts) b. Missing Signatures c. Outdated version of the forms 19. DSO Assistance a. Make sure that SEVIS is updated correctly before the application is filed with USCIS b. Review the application and supporting documents before the student submits their application c. Remind student of filing timelines d. Report any change of address within 5 10 business days via online or by phone Student Q&As 1. Q: If an M-1has an I-539 (for extension) pending when they complete their program of study, what can they do? A: The student has the option of withdrawing their application with USCIS. 2. Reminder: If an M-1 student s period of admission on their Form I-94 covers the period of OPT being requested, there is no need to file an I-539 with the M-1 OPT application. 3. Q: What is required for F-1 and M-1 student transfers? A: M-1 students are required to file a I-539 for transfer / F-1 students can talk with their DSO 4. Reminder: for transfers, remember that public high school students have date-certain I-94s 5. Q: Why is USCIS not indicating or updating information in the SEVIS System? A: Call the SEVIS Help Desk. 6. Discussion on the Program Start Date vs Session Start Date on new version of Form I Q: What to do if OPT is approved and the CLAIMS interface is not updating SEVIS A: DSO should contact the SEVIS help desk to open a ticket 8. Q: Can applicants concerned about confidentially redact the account numbers from a bank statement or other documents. A: Failure to provide requested information could result in a delay or denial of a case. Information provided is voluntary and the adjudicator needs to be able to verify or confirm data provided. 9. Q: Can a student file the I-539 for reinstatement after five months? A: Yes, if the student doesn t file within 5 months and reason was due to extreme hardship. But student must show they filed as soon as possible. 5

6 10. Q: Must the signature be original? A: Yes, USCIS will not accept a typed signature. SEVP Field Representatives Donald Delgado, SEVP Field Rep 1. For more information on the Form I-983 visit the online tutorial that can be found on the Study in the States website Help Hub, 2. With the new STEP OPT regulations will Field Representatives act as enforcement? a. No, SEVP Field Representatives will not conduct STEM OPT employer site visits. b. Field Reps are not involved with adjudications of the I Introduced OPT student portal that will launch in December Advisers should pay attention to the SEVIS message board - not all info is in SEVIS Broadcast messages 5. Advisers should use terminology manage start dates rather than defer attendance. Session: U.S. Dept. of Labor Mr. Brian Pasternak, National Director of Programs Office of Foreign Labor Certification 1. Chicago nonimmigrant Processing Center received 618,810 applications in FY Average wage for H applications is $ 80, Most common fields are information technology, advanced manufacturing, education/universities, health care 4. Can look online for wage surveys DOL has accepted. 5. Avoid obvious LCA filing errors e.g. wage range stated and the bottom wage is below PW, petitioner includes country or zip code rather than county 6. Noted to be sure the PW validity dates are good when using the wage 7. The Secretary of Labor can only review obvious errors or inaccuracies 8. DOL doesn t send RFEs 9. LCA processing is 5 days most of the year but is usually around 7 days near cap time 10. ETA 9141 PW request form tip: Item c.4 asks for COUNTY, not COUNTRY. Do not put a country or a ZIP code in this item. If no COUNTY (e.g., Wash., DC), put n/a or leave blank. Use the COUNTY field for parish or borough too. 11. LCA prevailing wage source tip: To see the nomenclature of other prevailing wage sources that have resulted in an approved LCA, see the item PW_Wage_Source_Other in the DOLETA H-1B LCA disclosure data reports available at Contact: LCA.Chicago@dol.gov (Fax) Attn: LCA Business Verification Team Session: DACA 1. DACA workload in 2012 and they moved the renewals to the NSC 2. Travel with Advanced Parole a. Travel should not occur until approval received 3. Do not file an I-131 until the I-821D is approved. Form I-131 is processed at the NSC DACA Q&A 1. What type of evidence is accepted to prove physical presence in the United States? a. Examples given: 6

7 i. Rent or bills ii. Employment forms (W-2) iii. School Records 2. What legal obligations does a school district have to support DACA? a. CSC referred school district to direct their question to their local counsel 3. Biometric appt. and waiting period a. The lockbox auto-schedules appointments for biometrics. Call the customer service hotline if notice not received within 30 days Session: Department of State U.S. Consulate Tijuana Ms. Sandra Raynes, Deputy Chief, Non Immigrant Visas, U.S. Consulate General in Tijuana Ms. Sarah Ruiz, Line Manager, Non Immigrant Visas, U.S. Consulate General in Tijuana 1. The Tijuana consulate processes nonimmigrant visas (NIV), the Juarez consulate processes immigratnt visas (IV). 2. Contact: Tijuana.info@state.gov 3. Inadmissibility due to DUIs and/or drugs a. Once in 5 years or twice in 10 years would trigger an inadmissibility and visa revocation 4. They accept TCN applications in Tijuana. a. Applicants must first have a biometrics appointment at the applicant service center. Then they apply in-person at the consulate. They should expect 2 3 nights, possibly before the visa/passport is ready. A clearance process could create additional delays. Don t assume a quick trip to Mexico. b. Applicants must be applying to renew the same visa classification. c. Advisers should be sure students understand that a DUI or drug arrest could cause problems with a visa application. Also from Session: Family, Student, SEVP Form I-130: Petition for Alien Relatives 1. CSC has sole jurisdiction over the overseas I Note the Immediate Relative workload moved to the PSC from Feb 2016 forward. The CSC keeps files up to that date. 3. The form I-130 is in development for ELIS in FY USCIS working on PeRT (Petition Electronic Routing Tool) for electronic communication with DOS. Deployment date TBD. Will begin with the NSC first. Form I-130 Q&A 1. Q: Should the beneficiary of the I-130 file a waiver at home or here? A: As of 06/2012, applicants applying for a waiver would file a form I-601 with the NSC with some exceptions (ex. Applicants in Cuba, can file the I-601 either at the Havana Field Office or at the NSC Lockbox if they have atty. or other representative in the US). It is possible to file exceptional and compelling cases at an office outside the U.S. 2. Q: What happens to an I-130 if the petitioner dies? A: The I130 is revoked upon death of the petitioner. Humanitarian relief is an option if the I-130 was approved before the death. 7

8 Other forms 1. Form I-612, Waiver of 212(e) CSC handles waivers based on fear of persecution or hardship and Vermont handles no objection waivers 2. CSC handles I-485s for EB5 investors, plus the I-765 and I-131 with those applications 3. I-821 TPS for Haiti - Note that USCIS is working on an online TPS application through ELIS no time frame 4. All I-129F, K-1 filings 5. Miscellaneous I-765 filings (note that asylum I-765s go to NSC and TSC) 6. Acknowledged delay in I-765 card issuance for TPS working on it 7. Form I-129F a. Upon approval for the I-129F, petitioner may apply for the K-1 nonimmigrant visa with the Department of State b. Approval is valid for 4 months 8