California Service Center Open House August 30, 2017 Notes from NAFSA s ISS-RP Regulatory Ombudsperson Subcommittee

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1 Califrnia Service Center Open Huse August 30, 2017 Ntes frm NAFSA s ISS-RP Regulatry Ombudspersn Subcmmittee Members f NAFSA s ISS-RP Regulatry Ombudspersn Subcmmittee prepared these ntes. They have nt been reviewed by the agency fficials wh participated, and reflect infrmatin prvided by gvernment fficials in an infrmal setting. Liaisn ntes and summaries are best used as general infrmatin cncerning current agency prcesses and plicies, and it is imprtant t recgnize that agency prcesses and plicies are subject t change. NAFSA ntes and liaisn summaries d nt cnstitute legal advice. The Open Huse was presented by Califrnia Service Center (CSC) administratrs with representatives frm the Department f State Kentucky Cnsular Center and the Department f Labr Office f Freign Labr Certificatin (OFLC). Fllwing the sessins, participants were invited t tur the facility. Tw handuts were distributed, and are attached at the end f these ntes: 1. USCIS Service Center Case Inquiry Prcess 2. CSC Inf Brchure Cntents Sessin: Welcme and Intrductin... 2 Sessin: Family, Resident & Status, and Student Sessin... 2 Sessin: Resident and Status Branch... 3 I-539 filing tips... 3 Sessin: Kentucky Cnsular Center (KCC)... 4 Kentucky Cnsular Center (KCC) Q&A... 5 Sessin: Custmer Engagement Center West and Custmer Care Branch... 6 Custmer Engagement Center Q &A... 6 Cmments frm Custmer Engagement Center Q & A sessin... 7 Sessin: Emplyment Sessin Discussin... 7 Additinal H-1B cmments:... 7 Sessin: Office f Freign Labr Certificatin (OFLC)... 7 OFLC Q&A... 8 Review the 186-page CSC Open Huse Presentatin fr infrmatin nt cvered in these ntes: 1

2 Sessin: Welcme and Intrductin Kathy A. Baran, Directr f the Califrnia Service Center (CSC) CSC Directr Kathy Baran welcmed attendees and annunced that the service centers are mving t d natinal engagements n specific tpics rather than lcalized nes. The first ne will be at the Vermnt Service Center fcusing n O, P, and Q petitins. It happened n September 15, Sessin: Family, Resident & Status, and Student Sessin Rich Nichlsn, Assciate Center Directr, Family-Based Branch Rich Nichlsn spke n Frms I-130 and I-129F, DACA, and Temprary Prtected Status (TPS), and prvided the fllwing general infrmatin abut the duties f the branch: They are wrking t reduce the numbers f Requests fr Evidence (RFEs). I-130 petitin fr alien family member - definitins, wh can file and which relatinships qualify as well as the relatinship between service center prcessing times and visa bulletins. Petitin electrnic ruting tl (PeRT) is a ruting tl fr prcessing cnsular submissins. CSC will cntinue t prcess until it is fully internatinally implemented. Adjudicate I-539, I-765 fr nn-student Emplyment Authrizatin Dcuments (EADs). All student I-765s are prcessed at the Ptmac Service Center (PSC). Inadmissibility waivers are prcessed at the Nebraska Service Center (NSC). Nichlsn prvided general infrmatin n the backgrund f TPS. TPS Designatin duratin is fr either 6, 12, r 18 mnths. If the designatin is due t expire, the Secretary f DHS must decide within 60 days befre expiratin. If n decisin is made, it is autmatically extended fr six mnths. If the designatin is terminated, individuals will revert t their previus status r anther status can be acquired while registered fr TPS. Individuals are nt eligible fr TPS if they entered after cuntry designated fr TPS. An ptinal benefit travel. They may apply by filing frm I-131 with $575 filing fee. They have shared jurisdictin with the Executive Office f Immigratin Review t adjudicate initial applicatins. Different service centers prcess TPS depending n the reasn (i.e., Cnflict reasns are prcessed at Vermnt Service Center). Mst TPS are adjudicated at Vermnt Service Center. CSC prcesses TPS fr Haiti, extrardinary, and started as a respnse t Haiti s natural disaster. Nebraska Service Center prcesses TPS fr Nepal s natural disaster. Benefits- cannt be remved slely due t status. Eligible t apply fr travel and wrk authrizatins. There is n TPS derivative status, each persn/family member must meet requirements and apply n their wn. Eligibility: Dual citizens may be eligible as lng as they reside in TPS cuntry immediately befre applicatin; peple withut natinality residing in the cuntry befre cming t U.S. AND must cntinuusly reside in U.S. n and after the declaratin. Travel utside U.S. can vilate the status unless Brief, Casual, Inncent (BCI) even with travel parle. 2

3 Inadmissibility grunds that cannt be vercme (examples, but nt an exhaustive list): criminal cnvictins terrrist activities drug trafficking Inadmissibility grunds that can be vercme (examples, but nt an exhaustive list): public charge F-1 visa vilatrs TPS Bars: 2 misdemeanrs 1 felny Remval rder reinstated Frivlus asylum applicatin Entry withut inspectin desn't apply t TPS; individuals can still be eligible (humanitarian, family, r public interest reasns). Beneficiaries must reregister during each TPS extensin, demnstrate cntinued eligibility including freign travel. Sessin: Resident and Status Branch Kurt Gselaw, Assciate Center Directr and Ramlah Mussa, Sectin Chief Nebraska Service Center (NSC) adjudicates all DACA filings. The prcess and tips n filing Frm I-751 petitin t remve cnditins n a residence n marriage less than tw years were given. I-539 filing tips Answer all questins, even list N/A if item des nt apply List full name as per passprt List cmplete U.S. mailing address Sign the signature bx Must prvide a statement explaining the reasn fr the request (this helps t avid RFEs) Include the fllwing: Cpy f bigraphical infrmatin n passprt I-94 (if card, bth sides) Prf f relatinship between c-applicants Evidence f means f financial supprt English language translatin shuld be frm a certified translatr Fr all F-1 need signed I-20 and evidence f SEVIS I-901 fee: Fr reinstatement cases: Include fficial transcripts frm all schls attended in U.S. and evidence t shw that reinstatement is beynd student s cntrl DSOs shuld make sure SEVIS infrmatin is crrect DSO and student shuld write a letter explaining why student fell ut f status and hw the situatin was beynd the student s cntrl F-2 des nt need t file reinstatement if F-1 needs t file. If F-1 reinstatement is apprved, F-2 autmatically reinstated Address changes may take 5-10 business days t prcess. 3

4 Expedite criteria can be fund n USCIS website. Fr J-1s, including the signed DS Dependents- include evidence f principal s status (I-797, I-94, admissin stamp in passprt), as well as prf that principal is cntinuing t maintain status (i.e., pay stubs, letter frm emplyer, etc.) Fr thse changing frm B t F-1 status: As f April 2017, students applying fr COS t F-1 r M-1 must file bridge I-539 applicatins t extend B status if F-1 is nt yet adjudicated by the time B-1 r B-2 I-94 expires. File the bridge I-539 s USCIS receives it befre I-94 expires. Bridge extensins f status are granted in 6-mnth increments. If cncurrently filed with I-129, will be adjudicated at the same time by the I-129 sectin. Rejected applicatins d nt retain a filing date. Dependents: evidence f principal s status, evidence principal applicant is maintaining status, dcumentatin f relatinship t the principal applicant. Reasns fr Lckbx rejectin: fee issues, missing signature, wrng frm versin. Students: SEVIS updated crrectly, n new SEVIS number. The Accrediting Cuncil f Independent Clleges and Schls (ACICS) received ntice frm the U.S. Department f Educatin in December 2016 that it is n lnger an accepted accrediting agency. This decisin has affected English language prgrams and STEM extensins. RFEs will be issued fr Change f Status (COS), r reinstatement t ACICS accredited Schls r English language prgrams. Sessin: Kentucky Cnsular Center (KCC) Chris Beard, Department f State, Cnsular Affairs What the Kentucky Cnsular Center des: They are the back-ffice peratins fr Cnsular Affairs prtect U.S. citizens and interests abrad. Facilitate the entry f internatinal travelers withut cmprmising natinal security. Run varius prgrams: Diversity lttery (assumed administratin f this prgram frm the Natinal Visa Center in 2000) Facial Recgnitin (make sure that ne persn with that particular name enters the U.S.) Pre-Adjudicatin n supprt services (serves as fraud unit fr petitin-based visas). Als, help t make verseas adjudicatrs effective at their jbs Petitin Infrmatin Management Service (PIMS) - cnverts the I-129 int electrnic frm, then prvides this frm t USCIS Service Centers as well as Cnsular units (if applicable). The nly paper handled nw are I-129s frm USCIS service centers. The staff is scheduled frm 5:30 am t 2:30 am weekdays and ne weekend day t supprt cnsular psts and expedited handling. Natinal Visa Center (NVC) is mving t a custmer service mdel frm the prcessing nly mdel. KCC versees fur main areas: Diversity lttery - duplicate entries will disqualify. They are cnsidered fraud. Facial recgnitin prgram. 4

5 Pre-adjudicatin supprt services. Fraud detectin visibility ver all petitins befre ging verseas. If n fraud indicatrs are apparent, the infrmatin is sent t cnsular affairs which shuld make prcessing mre efficient and free frm fraud. Petitin Infrmatin Management Service (PIMS) Paper frms are cnverted int electrnic recrds fr verseas ffice prcessing. Vlume by service center: Vermnt Service Center prvides apprximately 50% f the wrklad with the Nebraska and Califrnia Centers abut 25% each. There will be a cnsular ntificatin delay if a 2nd cpy is nt included. Use duble-sided cpies (preferred) bk style, single binder clip, n dividers. Include duplicate cpy when respnding t RFEs. 26 fields are manually entered frm the petitin. Diversity Visa the G-28, Ntice f Entry f Appearance as Attrney r Accredited Representative is needed fr inquiries with KCC. Cases belng t KCC until they are apprved fr cnsular prcessing. Facial recgnitin check: 40 millin are cleared every year. This prcess helps t avid duplicatin and ensure that benefits haven't been applied fr under anther name previusly. NOTE: USCIS prefers single-sided cpies per the later emplyment sectin. Scanners run 22 hurs per day. 70 millin pages are scanned per year. T/U/O/P petitins are prcessed 1 business day after receipt. H/L petitins are prcessed within 3 days after receipt. EOS/COS petitins had 10-day prcessing, nw are prcessed in 3 days. Frm electrnic receipt f I-797, it takes abut 5 days frm CSC t prcess t cnsular psts and abut 3 days frm Nebraska and Vermnt Service Centers t cnsular psts Expedited case in PIMS: If yu need this, yu shuld cntact the adjudicating embassy/cnsulate fr expedited appintments. This triggers an expedited request in PIMS s n need t als cntact KCC fr the expeditin. Cntact KCCDV@state.gv: fr Diversity Visa (DV) questins befre appintment at cnsular pst Cntact KCCDirectr@state.gv if the case seems t have drpped thrugh the cracks. Send histry f hw tried t reslve including crrespndence with cnsular affairs/uscis. Kentucky Cnsular Center (KCC) Q&A Q. Where shuld petitin request fr revcatin be submitted? A. Requests fr revcatin fr nnimmigratin petitins shuld be submitted thrugh KCC, immigrant petitins thrugh NVC. Q. 129 what supprting dcs shuld be sent in duplicate cpy? A. Use discretin. I-129 and LCA are necessary. Include anything that culd make a difference in visa cnsideratin. Added cmment: Submissin tips: Dn't use rubber bands. Use multiple binder clips in sectins if t the dcumentatin is t big fr ne. If cnsular psts need infrmatin that is nt present via PIMS, it can result in a delay. 5

6 Q. What abut Diversity Visa prcessing and the travel ban? A. If it is nt reslved befre the 9/30/2017 deadline, the petitin dies. The Travel Ban is due t expire 9/26. KCC knws it is a shrt turnarund time t prcess. Q. What if cnsular fficial returns case t USCIS fr recnsideratin, must meet criteria? A. KCC determines befre returning t USCIS. Cmment frm KCC: Cnsular fficials shuld nly be lking at electrnic apprvals. Shuld nt be requiring paper I-797 apprval ntice due t fraud purpses. Let KCC knw if happening. Cmment frm KCC: Wrking at reducing fraud in DV lttery applicatins frm abrad. One change if the same picture used as in prir applicatins, the applicatin will be denied. Pht standardizatin strictly enfrced. Sessin: Custmer Engagement Center West and Custmer Care Branch Sany Alegria, Custmer Engagement Center West Directr Purpse f the Center is t find the reslutin f inquiries and ensuring cnsistency in answers. The nline self-service is still new. Emma, the USCIS Virtual Assistant, gets a little cnfused, especially in Spanish. First-tier cntract emplyees are lcated arund the cuntry fr general infrmatin, address updates, etc. Interesting statistics frm the Custmer Engagement Center: 56,000 interactins 48,000 My USCIS 26,000 tier 1 300,000 check my status nline Alegria explained hw case inquiries are handled and prblem inquiry reslutin is made bth internally and externally. Hw t inquire n a case: Natinal Custmer Service Center s have 15 calendar days fr a respnse. If nt reslved in 15 days, CSC, please fllw up. If still nt reslved, then SCOPS (Service Center Operatins). Expedite requests typically have a 5-day respnse turnarund. Custmer Engagement Center Q &A Q. If a case is transferred frm Vermnt Service Center t CSC, which receipt date shuld be referenced fr prcessing? A. Use the receipt date and prcessing times fr the newly assigned service center. Q. What if there are Lckbx errneus rejectins? A. They have n direct cntact with lckbx s we must cntact the Lckbx directly. Q. What is the rati f apprved expedite requests? A. Nt a lt, as they must meet the criteria 6

7 Cmments frm Custmer Engagement Center Q & A sessin Inf Pass appintments are nly released in 2-week batches and thus can fill up extremely quickly. If advanced parle is needed t travel, an expedited request can be filed. After five days, pursue thrugh CSC with a fllw-up , etc. Sessin: Emplyment Sessin Discussin CSC expanded in January 2016, restructured in Nvember 2016 t add EB-1 prcessing. Emplyment-Based petitins are being prcessed within prcessing time gals. Cap cases shuld be cmpleted mid-september. USCIS must determine that the Labr Cnditin Applicatin (LCA) supprts I-129 prperly (level 1 wages, specialty ccupatin). N further infrmatin is available n expanding/resuming premium prcessing. Sectin 1 Emplyment based 1 (EB-1) Best practices: in general, if the classificatin is eligible fr premium prcessing, expedited prcessing will nt be cnsidered. Sectin 3 EB3 and L classificatins: Filing tips: single-sided cpies r if duble-sided, flip frm bttm up. Best practice: always include a duplicate cpy fr KCC PIMS prcessing. This applies t RFE respnses als. If the petitin cntains a change r amendment, include an explanatin f the change. EB2 Sectin 2. H1-b Additinal H-1B cmments: If the beneficiary entered 10 days befre the H1b authrizatin (early entry), it cunts against the 6-year maximum. Filing tips: fr RFE respnse, include an index f evidence, clr hard stck dividers between types f evidence. Submit full English translatins. Certificatin that it is an accurate translatin and translatr is cmpetent t translate. Sessin: Office f Freign Labr Certificatin (OFLC) Al Herrera, Acting Administratr H1-B Specialty Occupatin 3 adjudicating centers Temprary visa prgrams: E3 (USCIS administers the cap 10,500), H-1b, H-1b1 (cunts against 65,000 cap), H-2a, H-2b, D-1. These are attestatins-based prgrams. They are lking fr bvius errrs and inaccuracies. Submissins are certified r denied with n appeal fr denials. Cases must be refiled. Immigrant visa: PERM (Atlanta) OFLC majr rles and functins Wage-Hur Divisin versees enfrcement f emplyer cmpliance, sanctins. 7

8 2016 1,212,329 H-1B psitins were certified with the tp industries: tech, educatin, finance, healthcare. 50% f the cases where systems analysts, sftware develpers, prgrammers. Cases are prcessed within 7 wrking days. Occupatinal Emplyment Statistics (OES) is the surce fr the majrity f prevailing wages used. Herrera stressed that emplyers must pay fr ALL nnprductive time fr emplyees in H-1B status! Examples f vilatins: reducing wages belw actual/prevailing wage, benching-nt paying fr nnprductive time. Debarment applies acrss all OFLC areas t include PERM filings. Listing f emplyers debarred frm H1-b prgram: Infrmatin frm newly issued FAQs is effective fr cases as f the date f issuance. Audit letters: prvide what is being asked! OFLC hsted a webinar in August It is psted n OFLC website n hw t address audit letters. Higher Ed must use ACWIA wages even if n ACWIA jbs are listed. ACWIA is the American Cmpetitiveness and Wrkfrce Imprvement Act. An upcming stakehlder event/webinar was annunced. Help desks have 24-hur t 72-hur turnarund time; take advantage f this resurce. OFLC Q&A Q. D adjudicatrs have daily petitin qutas? A. N, gals are established in cnjunctin with supervisr. Q. Can students file Extensin f Status (EOS) and Change f Status (COS) applicatins at the same time (COS frm B t F1)? A. Yes Q. Why the change in enfrcing status until 30 days befre apprval? A. I-539 instructins require maintenance f current status until 30 days befre the new status starts. Q. COS B t F-1 can there be many I-539 frms filed while COS is pending? A. Yes. Apprval can nly be fr 6 mnths at a time. Q. If wage level 1 is determined, what authrity des adjudicatr have t questin? A. USCIS determines whether this qualifies as a specialty psitin. Q. Can I-131 expediting be dne at the lcal ffice? A. Yes, If nt filed, have riginal I-130, fee, 2 passprt phts and evidence t supprt expedite (example fr expediting death in the family; bring death certificate). 8

9 Q. Can the Beneficiary translate their wn dcuments? A. Yes, they can perfrm the certified translatin. This shuld have n adverse effect n adjudicatin. Beneficiary needs t include the certificatin that they did the translatin and that it is cmplete. Q. D case inquiries slw dwn the prcessing? A. Yes, because the file must be pulled fr review. Q. If a cngresspersn is asked t intervene, why d we nt receive a respnse? A. When cngressinal delegatins are cntacted, they are given the authrizatin t act n behalf f the petitiner/beneficiary. USCIS will nly respnd t a cngressinal staffer. Q. Which is mre efficient phne r nline requests? A. Either. Of curse, if yu call by phne, yu may have t wait n the line. Make sure nline requests are thrugh, specific with cmplete infrmatin. Q. Is it better t cmplete frms in all capitals r lwer case? A. It desn t matter. Q. Is there any new infrmatin n DACA? A. N. Q. What kind f supervisin/versight d new fficers receive? A. Each mentr and supervisr cnducts a review fr new fficers. Q. What is the status f H-1B premium prcessing fr cap-exempt petitins? A. It is available fr initial petitins nly. Q. What clr ink is preferred, blue r black? A. It desn't matter. Q. Is clr paper needed fr divider? Is this helpful? A. It is nt necessary. Q. What happens if there is an errr n the H-1B validity start date n the apprval ntice? A. Bring it t their attentin right away. Q. What happens if the I-539 has n freign address? A. Nnimmigrants must shw they have a freign residence address that they intend t g back hme t --s prvide ne. Q. Des the freign natinal accrue unlawful presence while pending COS? A. N, they wuld nt accrue unlawful presence while pending COS. 9

10 Q. Shuld student submit a waiver f inadmissibility and COS tgether? A. Yes Q. Can EAD cards be sent in a mre secure way than regular mail? A. N, they are sent in a trackable way nw, and there are n plans t change this methd f delivery. Q. Why has the plicy changed t give individuals 30 days t respnd t RFE? A. It has been this way since nthing has changed. Q. What evidence can students use t dcument freign residence? A. whatever wrks. Q. Can waivers f inadmissibility be filed with I-485 petitins? A. Yes. Q. Hw ften are prcessing times updated? A. Headquarters updates prcessing times. Q. Why can we and ur staff nt receive infrmatin frm the CSC regarding issues r questins regarding cases we have filed? A. Infrmatin can nly be prvided t the petitiner, beneficiary r named representative n G-28. Infrmatin will nt be disclsed t paralegals r ther emplyees nt included with a G- 28. Q. Fr a COS frm J t H, what happens when I-612 apprval is needed fr 212e but is still pending? A. CSC will reach ut t VSC. Practical things t make file prcessing easier: Dn't use n/a fr blanks. Smetimes it is apprpriate t leave the field blank instead f n/a. Check frm instructins and see the reference abve t clarify. This infrmatin seems t cntrast with earlier infrmatin prvided. Fees/checks shuld be stapled t applicatin frms all n tp. Use binder clips fr separate applicatins within filing, i.e., I-907 and I-129 then a bigger binder clip fr the ttal package. CSC perating hurs: 6 am t 6 pm, M-F; Saturday deliveries are prcessed Mnday. Service Center Directrs discuss service center caselads weekly, in cnjunctin with SCOPS. 10

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