Notes from April 2014 USCIS Texas Service Center Open House These notes were taken by a member of NAFSA s ISS-RP Regulatory Ombuds Subcommittee and have not been reviewed by the government officials who provided this information. They 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. Verify any of this information before relying on it. NAFSA notes and liaison summaries do not constitute legal advice. Q. What happens when I-485/I-765/I-131s are filed concurrently? A. The I-765/I-131 are peeled off from the I-485 and adjudicated separately. Initial security checks are done when the I-765/I-131 are referred to the I-765/I-131 line. There are fewer than 70 I-765/I-131s that have been pending for more than 90 days at the TSC. Their goal is to adjudicate I-765I-/131s in 75 days. Q. Can you provide an update on the long-pending DACA applications? A. Most of the long-pending DACA applications are awaiting policy decisions from outside DHS. Some are pending due to other reasons. Cannot provide details on what other entails. Q. Why must we return the physical EAD to have service errors corrected? We used to be able to cut the erroneous EAD up and scan/email copies of the destroyed EAD, why can t we still do that? A. Because the EADs contain biometrics they are considered secure documents and they must be returned before a corrected EAD can be issued. Q. Why are there so many errors on EADs? A. Data is still keyed in by hand, so there is a certain level of human error. That will not change until I-765 goes to the ELIS system. There is no known time frame for when I-765 will go into ELIS. The next from to go into ELIS will be the I-90 which is scheduled to be in ELIS in the Fall.
Q. Why is there a discrepancy in the I-485 processing times between TSC and NSC? A. TSC noted that the posted processing times are 6 weeks old when they are posted. The current processing time for EB I-485s is actually 4.4 months which is 4-6 weeks behind the TSC s goal of 4 months for EB I-485s. The recent backlog in EB 485s was due to a shift in resources to the I-130/I-485 line to eliminate a backlog there. Q. When we email TSC to apprise them of an incorrect EAD issue we typically get an email in a letter format outlining the steps to take to have the EAD corrected. If we have received the email outlining the steps before, does TSC still want us to email to outline the error or should we just follow the steps in the letter we have previously received? A. TSC still wants the initial email, this alerts then to the fact that a correction will be coming. Q. Some OPT I-765 are adjudicated within 6 weeks and others are taking 90 days. What should we do when we reach the 90 day mark? A. File an SRMT (Service Request Management Tool: i.e., call the 800 number and have a service request created) at the 80 day mark. Delays are typically due to system checks for additional review of the applicant which usually adds around 10-12 working days to the process. The other most common reason for the delay is that the application has been transferred into TSC from elsewhere. This usually adds 8-10 working days to the process. Q. Why are we being asked to re-submit supporting documents when we are seeking a correction of an EAD. We sent those documents in with the initial application, don t you still have them? A. They re-request those items to avoid having to have them transferred back from storage. It takes 7-8 working days to have them returned from storage. That delay can be avoided if the documents are re-submitted. Q. What percentage of TSCs workload goes through ELIS? A. All immigrant visa fees are paid through ELIS. They process about 35,000 immigrant visa fees a month. I-539s are processed through CSC and VSC, so they do not see any of those applications at TSC.
Q. What is the best way to request an advance parole expedite in a family-based adjustment case when there is a family emergency and the applicant needs to travel abroad? A. File the I-131 at the lockbox. On the day you get the I-131 receipt notice, file an SMRT (Service Request Management Tool: i.e., call the 800 number and have a service request created). Q. If an I-140 and I-485 are filed concurrently and premium processing is requested for the I-140 does that also expedite the I-485? A. No. Premium processing only applies to the I-140. Q. We have been emailing the ebupdate email address (EBUPDATE.TSC2dhs.gov) to notify when an I-485 applicant is porting under AC21 but we are no longer receiving a confirmation email. Is this email address still working? A. Yes, the email address is still working, but they are no longer sending confirmation emails for AC21 notifications. Q. Typically one may nor premium process an I-140 when the original ETA 9089 is not submitted with the petition and a duplicate ETA 9089 has been requested. Given the recent EB-3 priority dates and the demand to downgrade many EB-2 I-140s to EB-3, NSC is allowing premium processing upgrades on these I-140 petitions a few weeks after the petition has been filed and the original ETA 9089 has made its way to the new I-140 petition. Will TSC allow this? A. Yes. Include a cover sheet on top of the petition with the prior I-140 petition receipt number. If the original I-140 petition was filed at TSC you may request premium processing at any time. If the ETA 9089 is in the process of being transferred, the upgrade may be rejected since they cannot get eyes on the file but you can re-file the upgrade if that happens. Q. Does filing a second I-140 as EB-3 invalidate the previous EB-2 I-140? A. No. Both are valid. Q. Are NIW/OPR petitions for aliens outside of the US treated differently (i.e., higher scrutiny) than university sponsored NIW/OPR petitions for aliens currently working inside the US? A. No. The location of the alien should have no effect on the adjudication.
Q. If filing many cases with identical facts, can we file without supporting documents for every case? For example, 50 E-1-3 cases for managers/executives in the same company? A. No. Need a complete record for each case. Q. How does a previously denied I-140 affect the adjudication of a new I-140 in the same category? A. The prior evidence and decision is in the A file. That evidence is relevant, but the subsequent petition will be adjudicated based on the complete record including any new evidence submitted with the subsequent petition. Q. What is the typical response time to an RFE for NIW/OPR petitions? A. It typically takes 7-10 days for the RFE response to get to the file. It takes an additional 7 days for the file to get to the adjudicating officer. If it has been more than 30 days since you submitted the RFE response and you have not had a response, follow up with TSC. Q. We often receive RFEs that say that a fact has not been established but does not explain why the fact has not been established. This is often frustrating and confusing especially when multiple documents that were submitted with the application/petition establish the fact that is being challenged. Can you explain why? A. Officers are trained to explain the deficiency and what must be sent it to overcome the RFE. Q. What do we do when the RFE does not clearly explain the deficiency and what must be sent in to overcome it? A. They will speak with the training and management team to be sure adjudicators are properly explaining deficiencies in RFEs. Q. How strict is TSC on gaps in employment when adjudicating I-485 where the applicant has ported under AC21? A. TSC does not necessarily look for continuity of employment. However, if/when the applicant is asked to produce a job offer letter they must be able to produce a letter or the case will be denied.
Q. Do you prefer that I-485 applicants porting under AC21 send the notification letter at the time of the port, or do you prefer for them to wait until an RFE is issued? A. They prefer that a letter be sent at the time of the port. However, even if you send a letter at the time of the port, you may still get an RFE and you will need to re-submit the port letter in response to the RFE. Q. Can you explain the EB-1 review process? A. When assigned, the adjudicating office will review the entire record. They will review the support letter, all evidence submitted with the petition and they may need to review multiple files before reaching decision. The average review time for EB-1 cases is 2 ½ to 3 hours. Some cases are adjudicated quicker and others take much longer. Q. Why must we provide a statement indicating that the student intends to engage in OPT in a position that is directly related to his/her field of study in the remarks area (page 1, #9) and the comments (page 3) area of the I-20. A. They had a national conference call with headquarters and all the service centers two weeks ago and it was decided that they will no longer issue RFEs if the statement is not included though they would find it helpful if the statement was included. However, if you have already received an RFE on this issue you do need to respond to the RFE.