Important USCIS Memo Clarifies Periods of Admission for H and L Nonimmigrants
Via AILA
12/21/2006
A December 5, 2006 memo from Michael Aytes, USCIS Associate Director, Domestic Operations, provides guidance on the period of admission for H-4s and L-2s, applicants for H-1B status beyond the six-year maximum, and for H-1Bs who have been out of the U.S. for more than 1 year, but were not in H-1B status for a full 6 years. The memo clarifies that time spent in H-4 or L-2 status does not count against the maximum allowable period of stay available to principals in H-1B and L-1 status, and that qualifying H-1B aliens need not be in H-1B status when requesting an extension beyond the six-year maximum. Revisions to Chapters 31.2(d), 31.3(g) and 32.6 of the Adjudicator’s Field Manual (AFM Update 06-29) are included in the memo.
USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only),
USCIS PUBLIC NOTICE
11/14/2006
Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center
(NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens
only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location
of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for
Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-
Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and
VSC, to better manage cases and improve customer service.
USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for
consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement
with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s
eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130
that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its
National Record Center (NRC).
USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent
residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their
arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant
visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file
movement and eliminate applicable costs and fees associated with immigrant visa processing.
If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824,
Application for Action on an Approved Application or Petition, must be filed with the USCIS office that
approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.
This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly,
USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue
to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt
notice from the NBC notifying them of the location to which their Form I-129F has been transferred.
USCIS customers can utilize the following methods to obtain case status information about their pending
applications and petitions:
– Calling the National Customer Service Call Center at 1-800-375-5283
– Using the USCIS web-based Case Status Online located at http://www.uscis.gov
USCIS TO EXPAND PREMIUM PROCESSING SERVICE
USCIS PRESS RELEASE
11/08/2006
Additional Employment-Based Immigrant Visa Category Available Starting November 13, 2006
WASHINGTON, D.C. – U.S. Citizenship and Immigration Services (USCIS) today announced the addition of a new visa category – the EB-1 Aliens with Extraordinary Ability, now available for requesting Premium Processing Service. Premium Processing Service allows U.S. businesses to pay a $1,000 Premium Processing fee in exchange for 15-calendar-day processing of their case.
Beginning November 13, 2006, USCIS will begin accepting Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability.
Petitioning employers who wish to use the Premium Processing Service must submit Form I-140, Immigrant Petition for Alien Worker, along with Form I-907, Request for Premium Processing Service, and a $1000 processing fee.
Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service. In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition. Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.
Since 2001, Premium Processing Service has been available for several nonimmigrant classifications within Form I-129, including E Treaty Traders and Investors, H-1B Specialty Occupation Workers, H-2B Temporary Workers performing non-agricultural services, H-3 Trainees, L Intracompany Transferees, O Aliens of Extraordinary Ability and those performing essential support services, P Performers and Athletes and those performing essential support services, Q international Cultural Exchange Visitors, R Religious Workers, and NAFTA Professionals from Canada and Mexico. Form I-129 petitions for those nonimmigrant worker classifications will continue to be eligible for Premium Processing Service unless the filing period has closed (for example, when the annual cap for a specific visa classification has been reached.)
Also, earlier this year, USCIS began accepting Premium Processing Service requests for petitions involving five other immigrant visa categories, EB-1 Outstanding professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals. Employers file for these immigrant visa categories using the Immigrant Petition for Alien Worker (Form I-140) as well.
Information about the expanded Premium Processing Service is available on the USCIS website at How Do I Use the Premium Processing Service or by calling the USCIS National Customer Service Center toll free at 1-800-375-5283.
California Service Center To Stop Faxing Premium Processing Approval Notices
USCIS PRESS RELEASE
Effective December 1, 2006, the California Service Center (CSC) will no longer fax approval notices for
premium processing cases. Due to a significant increase in receipts and the time expended on faxing copies of
the notices, we are eliminating this step of the process. This change in process will increase efficiency and
allow our customers to receive notices in a more timely manner. The CSC will continue to fax all requests for
evidence relating to premium processing cases.
Service Center Processing Time Reports as of October 30, 2006
Service Center Processing Time Reports as of October 30, 2006
Links go to PDFs
Texas Service Center Processing Time Report (10/30/06)
Nebraska Service Center Processing Time Report (10/30/06)
National Benefits Center Processing Time Report (10/30/06)
California Service Center Processing Time Report (10/30/06)
Vermont Service Center Processing Time Report (10/30/06)
USCIS Announces Filing Change for Form I-539 Application for Extension/Change of Nonimmigrant Status for the Purpose of Student Reinstatement
USCIS PUBLIC NOTICE
October 25, 2006
Beginning October 30, 2006, local USCIS offices will forward any new filings for Form I-539, Application to Extend/Change Nonimmigrant Status, for F-1 and M-1 student reinstatement, to the California Service Center or the Vermont Service Center, depending on where the student is engaged in academic or vocational study. The California Service Center will receive F-1 and M-1 reinstatement applications from USCIS District and Sub Offices located in: AK, AZ, CA, CO, GU, HI, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, and WY. The Vermont Service Center will receive F-1 and M-1 reinstatement applications from USCIS district and sub offices located in: AL, AR, CT, DE, DC, FL, GA, KY, LA, MA, MD, ME, MS, NH, NJ, NM, NY, NC, SC, OK, PA, PR, RI, TN, TX, VA, VI, VT, and WV. This transfer is being implemented in preparation for Phase 3 of Bi-Specialization, the USCIS initiative to use centralized filing and bi-specialized adjudication. Through the Bi-Specialization effort, USCIS is aligning similar workloads between two “sister” service centers, in this case the California and Vermont Service Centers, working toward process efficiencies and consistency in the adjudication of applications for F-1 and M-1 reinstatements.
Customers applying for student reinstatement will receive a receipt notice from the service center that will process their case. USCIS District Offices will continue to process student reinstatement cases received before October 30, 2006 using existing procedures. Local USCIS Offices will continue to accept the Application for Extension/Change of Nonimmigrant Status (I-539) specifically for the purpose of student reinstatement until such time when provisions are in place allowing for direct mail filing.
Applications received by a local USCIS office prior to October 30, 2006, will remain within the jurisdiction of that office for the completion of processing. Therefore, it is not necessary for individuals who previously filed an application at a local USCIS office to file a new application in connection with this change of procedure. The printed filing instructions on Form I-539 and the public information posted on http://www.uscis.gov will be amended accordingly.
If USCIS customers have inquiries about their pending applications, they can use any of three methods to receive information about the processing of their application:
• Calling the National Customer Service Call Center (NCSC) at 1-800-375-5283.
• Using the USCIS web-based Case Status Service located at: http://www.uscis.gov
• Contacting the service center from which they received their last notice.
USCIS Is Changing Its Website
Via AILA
10/30/2006
USCIS has advised that it is updating and upgrading its website, and
that the new site will be launched in the very near future. It is
expected that any existing links to the site will break at that time.
It is not clear if users will be forwarded to the new pages, or if the
links will become dead. If you maintain a website that links to the
USCIS site, you may need to update your links once the new site is
launched.
USCIS Reminds Applicants to Obtain Advance Parole Prior to Holiday Travel
Via USCIS PRESS RELEASE
10/11/2006
WASHINGTON, DC – U. S. Citizenship and Immigration Service (USCIS) reminds individuals with a pending application for adjustment of status to that of lawful permanent resident, a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203), a pending asylum application, or an approved application for Temporary Protected Status (TPS), to obtain Advance Parole by filing Form I-131, Application for Travel Document (available online at http://www.uscis.gov), from USCIS before traveling abroad.
Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status or other benefits. Individuals must be approved for Advance Parole before leaving the United States. Travel outside of the United States without Advance Parole may result in serious consequences, including being unable to return to the United States and having pending immigration-related applications denied. An asylum applicant who leaves the United States on advance parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application absent compelling reasons for such return.
Applicants can apply for Advance Parole at a USCIS Service Center. Processing times at Service Centers range from 90-150 days. Applicants planning travel abroad should plan ahead due to the busy holiday travel season. For more information on Advance Parole, see “How do I get a Travel Document?” at
http://www.uscis.gov/graphics/howdoi/travdoc.htm.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Aliens who are unlawfully present, and who depart the U.S. and subsequently reenter under a grant of parole, may nevertheless be ineligible to adjust their status.
An alien who has been admitted as a refugee or has been granted asylum does not need to obtain advance parole, if applying for adjustment of status under the Immigration and Nationality Act (INA), however, such aliens need a refugee travel document in order to travel abroad. USCIS urges all aliens with pending applications for adjustment of status, relief under NACARA 203, asylum and those applicants currently in http://www.uscis.gov
Temporary Protected Status (TPS) to consult an immigration attorney, immigration assistance organization accredited by the Board of Immigration Appeals, the USCIS National Customer Service Center at
1-800-375-5283, or the USCIS web site: http://www.uscis.gov before making any foreign travel plans.
– USCIS –
The NSC Accepts Concurrent I-485 Filings for Premium Processing Eligible I-140s
Via AILA
10/03/2006
The Nebraska Service Center has confirmed that it is accepting
concurrent filings of I-140 and I-485s for I-140s eligible for premium
processing. The I-140 will be processed pursuant to the premium
processing program and the I-485 and any concurrently filed I-765 and
I-131 applications will be processed pursuant to regular processing
time lines. Remember that the beneficiary of the I-485 application must
have an immigrant number immediately available to qualify for the
concurrent filing.
USCIS to Expand Premium Processing Service / Premium Processing Information
Via USCIS
09/22/2006
WASHINGTON, D.C. – U.S. Citizenship and Immigration Services (USCIS) announced today the addition of three new categories to the Premium Processing Service, which allows U.S. businesses to pay a $1,000 Premium Processing fee in exchange for 15-calendar-day processing of their case.
Starting on September 25, 2006, USCIS will begin accepting Premium Processing requests for
Form I-140, Immigrant Petition for Alien Worker, involving the following immigrant visa categories:
• EB-1, outstanding professors and researchers,
• EB-2, members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver, and
• EB-3, workers other than skilled workers and professionals (i.e., unskilled labor requiring less than two years of training or experience.
Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service. In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition. Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.
Since 2001, Premium Processing Service has been available for several classifications within Form I-129, including E Treaty Traders and Investors, H-1B Specialty Occupation Workers, H-2B Temporary Workers performing non-agricultural services, H-3 Trainees, L Intracompany Transferees, O Aliens of Extraordinary Ability and those performing essential support services, P Performers and Athletes and those performing essential support services, and Q international Cultural Exchange Visitors, R Religious Workers and NAFTA Professionals from Canada and Mexico. Form I-129 petitions for those nonimmigrant worker classifications will continue to be eligible for Premium Processing Service unless the filing period has closed (for example, when the annual cap for a specific visa has been reached.)
Also, since August 28, USCIS began accepting Premium Processing Service requests for petitions involving two other immigrant visa categories, the EB-3 Professionals, (i.e. immigrant workers with bachelor degrees who are members of the professions), and EB-3 Skilled Workers, (i.e. immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience). Employers file for both of these immigrant visa categories using the Immigrant Petition for Alien Worker (Form I-140) as well.
——————————-
The processing period that is used to determine whether or not USCIS
meets the 15 calendar day period will begin when the current version of
Form I-907
is received by USCIS at the correct filing address noted on the form.
Within the 15 day calendar period USCIS will issue an approval notice,
or where appropriate, a notice of intent to deny, a request for
evidence or open an investigation for fraud or misrepresentation. If
the notice requires the submission of additional evidence or of a
response to intent to deny, a new 15 calendar day period will begin
upon the delivery to USCIS of a complete response to the request for
evidence or notice of intent to deny.
Who is eligible?
The chart below sets forth the forms, designated classifications
within each form type, and current availability and termination dates
for premium processing service.
|
Form I-129, Petition for Nonimmigrant Worker |
|||
|
Designated Classification Within Form I-129 |
Corresponding Nonimmigrant Visa Classification |
* Availability Date |
** Termination Date |
|
Treaty Trader |
E-1 |
June 1, 2001 |
|
|
Treaty Investor |
E-2 |
June 1, 2001 |
|
|
Alien in Specialty Occupation |
H-1B CAP |
July 30, 2001 |
May 26, 2006 (FY 07) August 10, 2005 (FY 06) |
|
Alien in Specialty Occupation, Advanced Degree Exception (Masters or Higher) |
H-1B CAP |
July 30, 2001 |
July 26, 2006 (FY 07) January 17, 2006 (FY 06) |
|
Alien in Specialty Occupation |
H-1B NON-CAP |
July 30, 2001 |
|
|
Temporary Worker performing nonagricultural services |
H-2B CAP |
June 1, 2001 |
December 15 2005 (1 st half) April 4, 2006 (2 nd half) April 4, 2006 (annual FY 06) |
|
Temporary Worker performing nonagricultural services |
H-2B NON CAP |
June 1, 2001 |
|
|
Trainee |
H-3 |
June 1, 2001 |
|
|
Intracompany Transferee, Executive or Manager Capacity |
L-1A |
June 1, 2001 |
|
|
Intracompany Transferee, Specialized Knowledge Professional |
L-1B |
June 1, 2001 |
|
|
Petitioners
that meet requirements may file a blanket petition seeking continuing approval of itself and some or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations |
L-BLANKET
|
June 1, 2001
|
|
|
Aliens of extraordinary ability or achievements in the sciences, arts, education, business, or athletics
|
O-1
|
June 1, 2001
|
|
|
Aliens providing essential support services for a principal O-1 alien
|
O-2
|
June 1, 2001
|
|
|
Internationally recognized athlete or member of an internationally recognized entertainment group
|
P-1
|
June 1, 2001
|
|
|
Essential
Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-1 alien |
P-1S
|
June 1, 2001
|
|
|
Artist or Entertainer under a Reciprocal Exchange Program
|
P-2
|
June 1, 2001
|
|
|
Essential
Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-2 alien |
P-2S
|
June 1, 2001
|
|
|
Artist or Entertainer in a Culturally Unique Program
|
P-3
|
June 1, 2001
|
|
|
Essential
Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-3 alien |
P-3S
|
June 1, 2001
|
|
|
International cultural exchange aliens
|
Q-1
|
June 1, 2001
|
|
|
Alien in a Religious occupation
|
R-1
|
July 30, 2001
|
|
|
NAFTA professional, Canada
|
TN1-CANADA
|
July 30, 2001
|
|
|
NAFTA professional, Mexico
|
TN2-MEXICO
|
July 30, 2001
|
|
* The availability date is the date that the classification was initially deemed eligible for Premium Processing Service.
** The termination date reflects
the last day that USCIS accepted filings requesting that specific
classification. If a date is entered in this column, that
classification is currently ineligible for filing because of cap
restrictions or other processing restrictions.
For additional information relating to the current cap count for Non-Immigrant Worker Visas, refer to: http://www.uscis.gov/graphics/services/tempbenefits/cap.htm
|
Form I-140, Immigrant Petition for Alien Worker |
|||
|
Designated Classification Within Form I-140 |
Corresponding Employment-Based Visa Classification
|
Availability Date |
Termination Date |
|
Aliens of extraordinary ability
|
EB-1 |
Not Yet Available |
|
|
Outstanding professors and researchers
|
EB-1 |
September 25, 2006 |
|
|
Multinational executives and managers
|
EB-1 |
Not Yet Available |
|
|
Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver
|
EB-2 |
September 25, 2006 |
|
|
Skilled workers***
|
EB-3 |
August 28, 2006 |
|
|
Professionals***
|
EB-3 |
August 28, 2006 |
|
|
Workers other than skilled workers and professionals
|
EB-3 |
September 25, 2006 |
|
|
*** (if designated as available, please also see section on additional conditions placed on Premium Processing Availability) |
|||
May the beneficiary of a visa petition seek Premium Processing Service?
No, except
in cases where the petition is eligible to be filed as a self-petition
(i.e., the petitioner and the beneficiary are the same). Otherwise,
only the visa petitioner, or the attorney or representative who has
filed a notice of appearance (Form G-28)
on behalf of the visa petitioner, may request Premium Processing
Service for designated visa petition adjudications. The petitioner,
attorney or representative, or beneficiary may pay the $1,000 Premium
Processing fee, but the beneficiary cannot sign or file the Form I-907.
How do I verify that I am using the current version of the form?
Check the
USCIS website at the Forms and Fees webpage for the most up-to-date
information as well as the most current version of Form I-907 which is
available for download at http://www.uscis.gov/graphics/formsfee/forms/i-907.htm.
If you are already in possession of a Form I-907, please use this
webpage, Forms and Fees, to verify that your version of Form I-907 is
still current. This can be done by comparing the Forms and Fees webpage
which includes the “edition” date that USCIS is currently accepting and
the edition date on your Form I-907. The edition date, which is
referenced as (Rev. xx/xx/xx) is located in the lower right corner on
every page of the form and instructions. If the edition date on your
Form I-907 matches the date or dates, if applicable, on the Forms and
Fees webpage, your version of Form I-907 is current and will be
accepted by USCIS. If there is a designation “N” shown after the
edition date on the Forms and Fees webpage, please note that USCIS will
not accept any other editions of the form.
How do I file a request for Premium Processing Service?
You must
complete and sign Form I-907, Request for Premium Processing Service,
in accordance with the instructions on the current version of the form.
You must file the concurrently filed Form I-907 with Form I-129 or Form
I-140 at the Service Center designated as the appropriate filing
location on the instructions to the Form I-907. If you filed Form I-129
or the Form I-140 and you now wish to request Premium Processing
Service, file Form I-907 with the Service Center where the Form I-129
or Form I-140 is currently pending. Submit a copy of the Form I-129 or
Form I-140 filing receipt. If you received a transfer notice, it is very important
that you include a copy of it and that you submit your filing to the
transfer location. If a petitioner or applicant erroneously filed a
concurrent or standalone Form I-907 at the wrong service center, USCIS
will not reject the filing, but instead will forward the filing to the
correct service center having jurisdiction over the petition or
application. For an incorrectly filed Form I-907, the 15 calendar day
period will start on the date the file is received at the correct
service center as indicated in the Form I-907 filing instructions.
Are there any additional conditions of availability being placed on the Premium Processing Service at this time?
Yes. This
will accord USCIS the flexibility to adapt to contingencies affecting
its ability to provide Premium Processing Service. Premium Processing
Service is available for the Form I-140 classifications indicated on
the chart above provided that the case does not involve:
- A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
- Labor Certification substitution requests, unless the original
labor certification is submitted with the Form I-140 requesting the
substitution; and - Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
USCIS is
prescribing these additional conditions of availability on Premium
Processing for Form I-140 because of their special processing
requirements, including locating and transferring other files or
documents internally and requesting initial evidence from an outside
agency, that make it difficult for USCIS to guarantee that it will
process the case within a 15 calendar day period.
What is the fee for this service?
The fee for this service is $1,000. The Premium Processing Service fee
may not be waived. In addition to the Premium Processing Service fee,
all other filing fees relating to the specific form(s) for which you
are requesting Premium Processing Service must also be submitted. The
Premium Processing Service fee must be submitted in a separate
check or money order. The petitioner, attorney or representative, or
beneficiary may pay the $1,000 Premium Processing Service fee, but the
beneficiary cannot sign or file the Form I-907. If e-filed, USCIS
accepts credit card, debit card, or electronic transfer of funds from a
checking or savings account from a U.S. bank.
Are there any additional benefits to the program?
Yes. USCIS has provided not only a unique mailing address for its
Premium Processing Service customers, but it has also established a
special phone number and e-mail address for each of the Service
Centers. These special communication channels will be available only to
Premium Processing Service customers.
USCIS is also collecting, on the Form I-907, your phone number, fax
number and e-mail address so that we can send you (the petitioner or
attorney) an automatic e-mail notifying you of the receipt of your Form
I-907, Request For Premium Processing Service. If the underlying form
for which you requested Premium Processing Service is approved, we will
send an automatic e-mail notifying you of the approval. It is important that you provide this information so that USCIS may correspond with you in the most appropriate manner.
In addition and at no additional cost, USCIS will strive to provide
faster processing of Form I-539 applications filed by or on behalf of
dependents of the principal beneficiary of a petition for which Premium
Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.
Does this program have any effect on the USCIS’ previous expedite practices?
Yes. The discretionary expedite requests will no longer be available
for those classifications designated as eligible for Premium Processing
Service; however, petitioners designated as not-for-profit entities by
the Internal Revenue Service may continue requesting discretionary
expedited service as they have in the past or they may choose to pay
the Premium Processing fee and utilize that service. If the criteria
for a discretionary expedite are not met, the not-for-profit petitioner
still has the option of requesting of Premium Processing upgrade by
filing Form I-907 with fee.
How will the USCIS manage those categories that have an annual limit in relation to this faster processing?
USCIS
does not believe that individuals who pay for Premium Processing
Service on petitions filed for nonimmigrant classifications that are
subject to annual limitations will have an unfair access to these
limited immigration programs.
For cap-subject H-1B and H-2B petitions, USCIS will apply a random
selection process to all petitions (whether or not Premium Processing
Service is requested) received on the date when a sufficient number of
petitions have been received to reach the applicable numerical limit
(“final receipt date”). Petitions that are accepted through this random
selection process are adjudicated to completion. For H-1B cases, USCIS
will return the fees to the petitioner and hold the cases that were filed ON the cut-off day
but were not selected in the random process. This way, if USCIS does
not use all of the projected H-1B1 Singapore/Chile cap cases (which
count towards the H-1B cap), additional H-1B cap cases will be taken in
order from the list of cases that were held. Those petitioners will
then be notified to re-submit the fees. All H-1B cap cases filed AFTER the cut-off day are rejected along with the fees.
Cases subject to the H-2B cap that were not selected in the random process, and H-2B cases that were filed AFTER the cut-off day
are rejected along with the fees. Unlike the H-1B cap cases, there is
no need to hold the H-2B cap cases that were not selected because there
are no special provisions that apply to the H-2B cap cases like there
are with the H-1B cap cases, i.e. H-1B1 Singapore/Chile cap cases.
In order to ensure equitable access to other cap-subject nonimmigrant
classifications to which USCIS does not currently apply a random
selection process, USCIS will temporarily terminate the availability of
Premium Processing when it becomes clear that the demand will exceed
the annual numerical limitation (e.g., when the USCIS has a pending
volume of petitions sufficient to reach the limitation). This
termination of procedure will ensure that all petitioners have
equitable access to these limited immigration programs.
Can
I contact a USCIS Service Center if I have not filed a request for
Premium Processing Service yet but have questions about the program?
No, you
cannot contact the Service Centers directly unless you have already
filed Form I-907, Request for Premium Processing Service, for the
underlying Form I-129 or Form I-140. The Premium Processing toll-free
phone number and e-mail addresses listed on Form I-907 are dedicated
only to customers who have already submitted a request for Premium
Processing Service. If you have not requested Premium Processing
Service, you can call the Customer Service toll free phone number at
(800) 375-5283 for general information about the program.
How do I contact the Service Center concerning the Premium Processing request that I filed?
The
unique mailing address for each of the Service Centers is listed on the
instructions to the Form I-907. Additional contact information for each
Service Center will be provided to you on your receipt notice and will
also be provided on this Website.
If you have already filed a Request for Premium Processing Service
and you need to contact the Service Center, call the Premium Processing
Toll Free phone number at 1-866-315-5718. You will need to have your
receipt number when you call, because this phone number is only for
inquiries relating to Premium Processing Service.
USCIS Service Center Processing Times as of 09/19/2006 (Vermont, Nebraska, Texas, California, Missouri)
|
The following is the Vermont Service |
|
|
Now |
|
|
Form |
Now Processing |
|
I-90 |
March 20, 2006 |
|
I-102 Application |
February 27, 2006 |
|
I-129 Petition |
April 30, 2006 |
|
I-129 Petition |
April 30, 2006 |
|
I-129 Petition |
May 28, 2006 |
|
I-129 Petition |
September 04, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
July 06, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
May 14, 2006 |
|
I-129 Petition |
July 02, 2006 |
|
I-129 Petition |
July 02, 2006 |
|
I-129 Petition |
April 02, 2006 |
|
I-129 Petition |
April 02, 2006 |
|
I-129 Petition |
April 07, 2006 |
|
I-129F Petition |
March 20, 2006 |
|
I-130 Petition |
February 05, 2006 |
|
I-130 Petition |
February 19, 2006 |
|
I-130 Petition |
January 22, 2006 |
|
I-130 Petition |
September 30, 2000 |
|
I-130 Petition |
October 22, 2005 |
|
I-130 Petition |
February 12, 2006 |
|
I-131 |
June 19, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-212 |
June 30, 2005 |
|
I-360 Petition |
January 30, 2006 |
|
I-360 Petition |
February 26, 2006 |
|
I-485 |
June 21, 2005 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-612 |
March 20, 2006 |
|
I-751 Petition |
March 20, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
August 21, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-817 |
April 11, 2005 |
|
I-821 |
March 20, 2006 |
|
I-821 |
March 20, 2006 |
|
I-821 |
March 20, 2006 |
|
I-821 |
March 20, 2006 |
|
I-824 Application |
March 20, 2006 |
|
N-600 |
March 20, 2006 |
|
N-643 |
March 20, 2006 |
|
The following is the Nebraska Service |
|
|
Now |
|
|
Form |
Now Processing |
|
I-90 |
March 20, 2006 |
|
I-90 Application |
August 07, 2005 |
|
I-90A |
March 20, 2006 |
|
I-102 Application |
June 19, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
September 04, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-131 |
June 19, 2006 |
|
I-131 |
June 19, 2006 |
|
I-131 |
June 19, 2006 |
|
I-131 |
December 19, 2005 |
|
I-131 Application |
June 19, 2006 |
|
I-140 Immigrant |
November 14, 2005 |
|
I-140 Immigrant |
November 29, 2005 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
September 30, 2005 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-212 |
March 20, 2006 |
|
I-360 Petition |
March 20, 2006 |
|
I-485 |
December 02, 2005 |
|
I-485 |
August 08, 2003 |
|
I-485 Application |
March 20, 2006 |
|
I-485 |
February 02, 2006 |
|
I-485 |
March 20, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-612 |
March 20, 2006 |
|
I-730 |
December 26, 2005 |
|
I-751 Petition |
March 20, 2006 |
|
I-765 |
August 21, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
August 21, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-817 |
March 20, 2006 |
|
I-824 |
March 20, 2006 |
|
The following is the Texas Service |
|
|
Now |
|
|
Form |
Now Processing |
|
I-90 |
July 14, 2005 |
|
I-102 |
June 10, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
September 04, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-131 |
June 19, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-360 Petition |
March 20, 2006 |
|
I-485 |
March 20, 2006 |
|
I-485 |
August 01, 2001 |
|
I-526 Immigrant |
March 20, 2006 |
|
I-539 Application |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-539 Application |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-612 |
March 20, 2006 |
|
I-751 Petition |
March 20, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
August 21, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 Application |
July 03, 2006 |
|
I-817 |
March 20, 2006 |
|
I-824 |
March 20, 2006 |
|
I-829 Petition |
February 07, 2005 |
|
I-829 Petition |
February 07, 2005 |
|
The following is the California Service |
|
|
Now |
|
|
Form |
Now Processing |
|
I-90 |
March 04, 2006 |
|
I-102 |
June 19, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
September 04, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129F Petition |
March 20, 2006 |
|
I-130 Petition |
March 20, 2006 |
|
I-130 Petition |
January 17, 2003 |
|
I-130 Petition |
April 30, 2001 |
|
I-130 Petition |
April 30, 2001 |
|
I-130 Petition |
January 01, 2005 |
|
I-130 Petition |
February 07, 2005 |
|
I-131 |
June 19, 2006 |
|
I-212 |
March 20, 2006 |
|
I-360 Petition |
March 07, 2006 |
|
I-485 |
March 20, 2006 |
|
I-526 Immigrant |
March 20, 2006 |
|
I-539 |
June 19, 2006 |
|
I-539 |
June 19, 2006 |
|
I-539 |
June 19, 2006 |
|
I-539 |
June 19, 2006 |
|
I-539 Application |
June 19, 2006 |
|
I-539 |
June 19, 2006 |
|
I-539 Application |
June 19, 2006 |
|
I-539 |
June 19, 2006 |
|
I-612 Application |
January 15, 2006 |
|
I-751 Petition |
March 20, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
August 21, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 Application |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 Application |
July 03, 2006 |
|
I-817 |
March 20, 2006 |
|
I-824 |
March 20, 2006 |
|
I-829 Petition |
March 20, 2006 |
|
I-829 Petition |
September 10, 1997 |
|
The following is the National Benefits |
|
|
Now |
|
|
Form |
Now Processing |
|
I-102 |
June 19, 2006 |
|
I-129F Petition |
March 20, 2006 |
|
I-131 |
June 10, 2006 |
|
I-539 |
June 04, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-817 |
March 13, 2006 |
|
I-824 Application |
March 20, 2006 |
New Process for Issuing Employment Authorization Documents to Asylees
USCIS Public Notice
09/14/2006
Beginning October 1, 2006, the U.S. Citizenship and Immigration Services (USCIS) Asylum Division will implement a new process nationwide for issuing secure Employment Authorization Documents (EADs) to applicants who are granted asylum by a USCIS Asylum Office. Under existing regulations, asylees are eligible to work in the United States incident to their asylum status. Previously, USCIS Asylum Offices issued provisional Form I-688B cards evidencing employment authorization to asylees interviewed at a local Asylum Office on the same date they received their asylum approval letters. Those who were interviewed at an Asylum Office circuit ride location (usually a USCIS District Office) were instructed to return to the District Office to receive their I-688B cards. The I-688B card was issued with a 1-year validity period. Under the new process, asylees will receive in the mail the standard, more secure Form I-766 EAD card in the mail within seven to ten days after the date they are issued their asylum approval letters. The Form I-766 EAD will be issued for a 2-year validity period. This will provide most asylees sufficient time to apply for and receive adjustment of status before the validity period of the EAD expires. In March 2006, the Asylum Division successfully tested this new EAD issuance process in the Arlington Asylum Office during a pilot program and will implement the program in all Asylum Offices throughout the nation by October 1, 2006.
Q: Why is USCIS changing the process for issuing asylees EADs?
A: Changing the process accomplishes several USCIS objectives, including enhancing security, customer service, and efficiency in case processing. This change allows USCIS Asylum Offices to issue more secure documents, as the I-766 is more resistant to tampering than an I-688B. Issuance of the I-766 also offers greater convenience for asylees by providing a more widely circulated and recognizable employment authorization document. Issuance of I-766 EADs also contributes to the agency’s goal of relying increasingly on secure means (in this instance, biometric images from the I-766) to verify the status of non-citizens for various purposes, including those asylees hired by employers who are participating in the Basic Pilot employment verification program or a parallel program that verifies status of non-citizen benefit applicants for certain Federal, state and local agencies. While both cards are free of charge, the I-766 for asylees will be issued with a 2-year validity period. The I-688B has been issued for only a 1-year validity period because it is not as secure a document at the I-766. With this extended validity period and the recent elimination of the 10,000 cap on asylee adjustments, it is expected that most new asylees will be able to apply for and receive adjustment of status to lawful permanent resident before their initial EADs expire, which would save asylees the cost of the service fee associated with renewal of EAD cards. Finally, efficiencies in case processing are gained by generating the I-766 through a computer-automated process rather than through the more labor intensive process of generating I-688Bs. In addition, requiring asylees to have secure EADs contributes to theagency’s increasing ability to electronically verify the status of noncitizens for various purposes, such as those who are hired by employers who are participating in the Basic Pilot employment verification program or the similar program that verifies status of noncitizen benefit applicants for certain Federal, state and local agencies.
This change does not modify in any way existing USCIS Asylum Office procedures to issue to asylees approval letters and stamped I-94 Arrival-Departure Records evidencing asylum status, which may be used to obtain a social security card.
Q: How is the new process for obtaining EADs different from the previous process for obtaining EADs?
A: Previously, most applicants who were interviewed at a local Asylum Office and granted asylum received the Form I-688B EAD free of charge on the same day they returned to the Asylum Office to pick up their decision. On that day, the applicant’s biometrics (i.e., fingerprint, photograph and signature) were taken at the Asylum Office and then used to manually create a laminated I-688B card on site at the Asylum Office. Those applicants who were interviewed at a circuit ride location and received notice by mail that they had been granted asylum were instructed to go to the local USCIS District Office where the I-688B was produced and provided to the asylee on the same day. The I-688B cards were valid for a period of one year.
Unlike the I-688B, the I-766 is mailed directly to the asylee’s residence within seven to ten days after the date they are issued their approval letters. The I-766, which is also free, is automatically generated using the applicant’s fingerprint, photograph, and signature, which are captured as part of the required fingerprinting process at the USCIS Application Support Center (ASC) and stored in a database. The I-766 for these asylees is valid for a period of two years.
Q: To whom does this new EAD process apply?
A: The new EAD process will apply to asylees (both principals and dependents included in the asylum application) who were granted asylum through the affirmative asylum process, which takes place in front of a USCIS Asylum Officer. These asylees also must have biometrics on file with USCIS in order to have an EAD card produced through the new process.
Note: Applicants granted asylum by an Asylum Office are eligible for the 2-year I-766 regardless of whether they have been previously issued an EAD based on a recommended approval or a pending asylum application.
Q: To whom does this new EAD process not apply?
A: Because this new process is being implemented at USCIS Asylum Offices and will be used for only those asylees who were granted asylum by USCIS, the new EAD process does not apply to:
1. Asylee following-to-join cases (beneficiaries of an approved form I-730).
2. Applicants granted asylum by an immigration judge or the Board of Immigration Appeals within the Executive Office for Immigration Review (EOIR)
3. Applicants granted asylum by a federal court judge.
Asylees following-to join should submit a form I-765 to the appropriate Service Center as indicated in the form instructions, and the secure I-766 EAD card will then be sent to the asylee in the mail. Individuals granted asylum by EOIR or a federal judge should continue to make their appointments with the local USCIS District or Sub Office to begin immediate processing for an EAD. See post-order instructions for obtaining documentation at http://www.uscis.gov/graphics/lawsregs/PostOrderInstr.pdf. The USCIS District or Sub Office will confirm the asylee’s final EOIR order, biographic information, and address and initiate production of the secure EAD (I-766), with a 2-year validity period, through an automated process. In some cases, it may be necessary for the District or Sub Office to instruct the EOIR-granted asylee to provide biometrics for card production. If so, USCIS will provide an ASC appointment promptly. The asylee will then receive the EAD in the mail within 7 to 10 days. The I-688B EAD will no longer be issued at the District or Sub Offices to EOIR-granted asylees because it is being discontinued. District and Sub Offices will continue to issue asylees in the three categories listed above stamped I-94 Arrival-Departure Records evidencing asylum status.
Q: Can asylees granted by an Asylum Office use this new process for renewals, replacements, or extensions of EADs?
A: No. Under the new process, as under the old process, Asylum Offices will not issue renewals, replacements, or extensions of EADs. Instead, all asylees must apply for a renewal, replacement, or extension by submitting a Form I-765, Application for Employment Authorization Document, to the Nebraska Service Center and paying the applicable fee.
Q: How will asylees be told about
the new EAD process?
A: The Asylum Office will verbally inform asylees who receive their grant letters in person of the new procedures and provide written information that summarizes the process of obtaining an EAD. Applicants who will receive their approval letters in the mail, generally those who are in valid status and those interviewed at a circuit ride location, will be informed of the new procedures in a packet of information included with the asylum grant letter, sent via the mail.
Q: How will the asylee be able to receive the I-766 if he or she has a change of address after the asylum interview?
A: Asylees who receive their grant letters in person at the Asylum Office will be asked that same day to verify that the address the office has on file is correct and the office will update the address if it is not correct. Within seven to ten days after the decision issuance, the asylee will receive the I-766 at any updated address provided. For asylees who are to receive their decision in the mail, prior to mailing the decision, Asylum Office staff will check the databases for the most recent address on file to ensure that the decision and the I-766 is mailed to the correct address. It is imperative that asylum applicants comply with the law and report changes of address to the Department of Homeland Security and the local Asylum Office within 10 days of the change.
Q: What if an asylee does not receive his or her card in the mail?
A: If an asylee granted by a USCIS Asylum Office does not receive the I-766 within fourteen (14) days of the issuance of asylum approval, the asylee should contact the local Asylum Office, per the instructions contained in the approval letter packet.
USCIS Limitations on I-140 Premium Processing
From the USCIS Website:
Are there any additional conditions of availability being placed on the Premium Processing Service at this time?
Yes. This will accord USCIS the flexibility to adapt to
contingencies affecting its ability to provide Premium Processing
Service. Premium Processing Service is available for the Form I-140
classifications indicated on the chart above provided that the case
does not involve:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without
an original labor certification from the Department of labor).
USCIS is prescribing these additional conditions of availability on
Premium Processing for Form I-140 because of their special processing
requirements, including locating and transferring other files or
documents internally and requesting initial evidence from an outside
agency, that make it difficult for USCIS to guarantee that it will
process the case within a 15 calendar day period.
The U.S. Immigration Law Blog by Ashwin Sharma 