ISD Addresses Key Issues
Posted May 10, 2002

The Information Services Division (ISD) of the Immigration and Naturalization Service (INS) provides periodic updates on current procedural and policy issues to the American Immigration Lawyers Association (AILA). We publish this information as it becomes available. The most recent ISD-AILA teleconference, held on April 18, 2002, addressed several issues relevant to MurthyBulletin and MurthyDotCom readers.

Premium Processing of I-140s

The May 1, 2002 estimated start date for Premium Processing of I-140 (Immigrant Petition for Alien Worker) cases has come and gone without implementation of the program. The ISD does not have any further information as to when the program might begin. Premium processing is a procedure that allows for expedited processing of cases upon payment of an additional filing fee. It is currently used in connection with employment-based, nonimmigrant cases.

Security Checks

As reported last week (May 03, 2002) in our article, Expect Delays in Processing Due to Security Checks, all cases now undergo additional security clearance. The only exceptions to this are citizenship forms having numbers preceded by the letter "N." The most common of these, Form N-400, Application for Naturalization, will be included in the security review at a later date.

The review process will cause delays in processing time, but just how lengthy those delays will be remains to be seen. This will impact all cases to some degree and when a "hit" or indication of a problem (which may simply be caused by name similarities) occurs, more substantial delays are certain. The ISD informs us that, while some premium-processing cases may initially take longer than the 15-day processing requirement, they do not expect this to happen in a great many cases.

No Premium Processing Available for I-539s

The ISD explained that premium processing of nonimmigrant petitions, such as H1Bs, does not require simultaneous action on an application for change / extension of status (Form I-539) filed concurrently for a spouse or child. Although the interim rule states that the INS intends to adjudicate such cases at the same time, it is not required to do so. Since premium processing is not available for I-539s filed separately, even if joined with an I-129 premium-processing case, delays in adjudicating those cases will not be regarded as a failure in premium processing. Therefore, if INS adjudicates the I-129 on a timely basis for the nonimmigrant worker, delays in the family's application will not be a ground for refunding the $1,000 premium-processing fee (based upon failing to process the case within 15 days).

Use of Middle Names

As follow-up to the announcement that the INS now requires full middle names on applications and petitions, the INS has confirmed that it wants as much information as possible regarding the middle name. The full middle name can be inserted on all forms that now request the middle initial. Rather than leaving a blank, the word "none" should be used to indicate if the applicant / beneficiary does not have a middle name.