NSC-AILA Educational Program – February 2001
Posted Apr 13, 2001

In mid-February, 2001 the INS Nebraska Service Center (NSC) and the American Immigration Lawyers Association (AILA) held an educational program in Seattle, WA. A variety of matters were discussed. We provide some of the highlights below.

New Photograph Technology

NSC now has the technology to scan and store photographs. Therefore, when there is a recent (less than one year old) photo of an applicant available at NSC, the same photo can be used in connection with another application for the same person. For example, NSC can waive the photo requirement for an employment authorization card application if there is a recent photo for the person, such as one submitted in connection with the I-485 or advance parole.

L1 Adjudications

At one point, L1 processing had fallen behind the 30-day goal. However, NSC is now reportedly back on track and processing these cases within that timeframe. Clearly marking the outside of an I-129 package as an L1 filing is also helpful to the NSC, so the case can be promptly identified as an L1.

I-140 Processing and Possible Improvements in Other Case Types

There has been a significant improvement in the processing time for I-140 employment-based immigrant petitions. NSC was asked whether a similar approach could be used to improve processing times for other types of cases. NSC responded that it had developed a system for I-140 processing by "teams" of people. NSC Management is looking at using this type of system for family-based petitions (I-130s), and also for I-485 adjustment of status applications.

Beginning in early 2000, NSC was able to hire additional staff to process I-485s. As a result, I-485 processing times have been improving, but there is more progress to be made. NSC has set a more ambitious goal for the current fiscal year (ending September 30, 2001) than for last year. This year's goal is to complete 103,000 I-485 applications, and NSC hopes for additional resources to help it achieve that objective. For FY 2002, they hope to get I-485 processing time down to 180 days.

AC21 Questions

There were a variety of questions on AC21 issues, including some with respect to H1B portability, I-485 portability and 7^th year H1B extensions. For all these questions, the answer was that NSC was awaiting regulations, as the Center had received only draft guidelines from INS headquarters.

Plans for Premium Processing

Various articles in past issues of the MurthyBulletin have described the premium processing program, whereby certain types of petitions can obtain expedited handling for an extra $1000 fee, in addition to all regular processing fees. So, with H1B new employer petitions for an example, when the new premium fee is in effect, the filing fee of $1110 would apply PLUS the $1000 expedite fee. When asked about its plans for premium processing, NSC responded that it would be going ahead with the program, but had not yet decided which types of cases would be included. To avoid increasing the backlog for other cases, there will be additional resources allocated to premium processing work.