Labor Immigration Law

The U.S. Citizenship and Immigration Service (“USCIS”) has provided some updates and insight into their operations and future plans during the annual AILA conference:

• Premium Processing for I-140.  Some I-140s which were previously eligible for premium processing may be made again eligible.  Expected this summer.

• H-1B Application Process to be Redesigned.  USCIS is working on reengineering the H-1B application process to go into effect for the FY2011 H-1B filings.  Under the planned H-1B application process, employers will file a petition online with limited information and if the limited-information petition is selected, then the remaining forms and full documentation will be requried to be submitted.

• Case Resolution Problems.  USCIS has changed the case problem resolution process.  Under the new system, customers are required to call the National Customer Service Center (“NCSC”, at 1-800-375-5283) and make an inquiry.  If the inquiry is not resolved within 30 days, customers may contact the applicable service center by email and provide the date the initial inquiry was made, the referral NCSC number and the ID of the customer service rep.  Email inquiries should be directed as follows:  CSC – csc-ncsc-followup@dhs.gov;  NSC – ils.nebraska@dhs.gov; TSC – tsc.ncscfollowup@dhs.gov; and VSC – vsc.ncscfollowup@dhs.gov.

• As we reported previously, the Nebraska and Texas Service Centers are pre-adjudicating I-485 adjustment cases.  USCIS reports that as of May 30, 2009, they have pre-adjudicated 110,000 EB adjustment cases and such cases are now awaiting a visa number to be approved.

• USCIS is in the process of introducing a new I-551 card (the green card) and they are updating equipment for the enhanced features.  As a result, there is a delay in issuing I-551 cards. Field offices are being authorized to issue temporary I-551 stamps in family cases at the conclusion of interviews when the case is approved.   Employment-based I-551s are being issued first as these individuals are not generally interviewed. Employment-based immigrants may obtain a temporary stamp by making an InfoPass appointment.