Questions for National Benefits Center Liaison/Florida Bar Liaison Meeting
Monday, January 29, 2006
1. When NBC issues RFE on an I-485 FB case (on Affidavit of Support, e.g.), what is
the processing time for the EADs and I-131s? Do the 90 days (EADs) and the 60
days (I-131s) start to count again from date of receipt of response? If earlier, is
there an approximation how much longer those applications will take once the
response is received?
Thank you for bringing the 60 day processing time found on I-131 receipt notice to our
attention. The 60 day processing time listed is erroneous. We are working to have the
notice corrected. The NBC attempts to adjudicate I-765 and I-131 applications in 90
days, and, per your question, is not aware of any regulatory requirement to adjudicate the
I-131 in a specified period of time. Please refer to the USCIS website for current
application processing times.
When the NBC issues an RFE on an I-485 application, the NBC suspends the
adjudication of any associated I-765’s and I-131’s until the response to the RFE is
received at the NBC. Regarding the I-765, if the RFE is a request for “initial” evidence,
the clock resets to day 1 once the NBC receives the response to the RFE. A request for
“initial” evidence occurs as a result of the NBC’s first review of the application and
supporting documentation when the file is received from the lockbox. Since the
instructions on Form I-485 clearly and specifically require the submission of the I-864 as
“initial” evidence, the NBC also considers basic evidence supporting the I-864 as initial
evidence. When the RFE is for “additional” evidence (e.g., resulting from officer review
during an interview), the 90-day clock resumes at the same point where it was stopped
for the requested information. For example, if an RFE for additional evidence was sent
on Day 25, the date the response to the RFE is received becomes Day 26.
The regulatory cite relating to this process is:
Title 8, Code of Federal Regulations §103.2 (b)(10)(i) and (ii)
(10) Effect of a request for initial or additional evidence or for interview rescheduling.
(i) Effect on processing. The priority date of a properly filed petition shall not be
affected by a request for missing initial evidence or request for other evidence. If an
application or petition is missing required initial evidence, or an applicant, petitioner,
sponsor, beneficiary, or other individual who requires fingerprinting requests that the
fingerprinting appointment or interview be rescheduled, any time period imposed on
Service processing will start over from the date of receipt of the required initial evidence
or request for fingerprint or interview rescheduling. If the Service requests that the
applicant or petitioner submit additional evidence or respond to other than a request for
initial evidence, any time limitation imposed on the Service for processing will be
suspended as of the date of request. It will resume at the same point where it stopped
when the Service receives the requested evidence or response, or a request for a
decision based on the evidence. (Paragraph (b)(10) heading and (b)(10)(i) revised
effective 3/29/98; 63 FR 12979)
(ii) Effect on interim benefits. Interim benefits will not be granted based on an
application or petition held in suspense for the submission of requested initial evidence,
except that the applicant or beneficiary will normally be allowed to remain while an
application or petition to extend or obtain status while in the United States is pending.
The Service may choose to pursue other actions to seek removal of a person
notwithstanding the pending application. Employment authorization previously accorded
2
based on the same status and employment as that requested in the current application or
petition may continue uninterrupted as provided in 8 CFR 274a.12(b)(20) during the
suspense period.
2. The current posted processing times for EADs with NBC is September 28, 2006
and for I-131s September 14, 2006. This is almost 120 days. Is NBC working to get
these within the processing times listed on the receipts (60-90 days for EADs and
30-60 days for I-131s). As the local office will no longer issue interim EADs it has
become very difficult for aliens to maintain valid employment authorization due to
the lengthy processing times.
Yes. The NBC’s desired timeframe for processing I-765 and I-131 applications is 90
days. As of January 17, 2007, the processing date for I-765’s as posted on the USCIS
website was October 30, 2006, or 79 days. The processing time listed on the website for
I-131’s is October 12, 2006, or 97 days. Subsequent to the publication of the January 17,
2007 report on the web, the NBC has successfully reduced that processing time to less
than 90 days.
3. When the NBC receives a request through an applicant at an InfoPass appointment
to produce an EAD or advance parole on an immediate basis because the
applications for these documents have been pending beyond the promised times,
how long does it take for the documents to be prepared and forwarded to the
applicant?
When the NBC receives a request from a field office to expedite the processing of an I-
765 or I-131 application, it is generally adjudicated within 48 hours.
Regarding the I-765, if the case is approved by the NBC, the applicant should receive the
EAD within 10 to 14 days, depending on the delivery of the postal service. Please note
that this assumes that the applicant has had his/her biometrics captured, as USCIS
cannot produce an EAD without the associated biometrics.
Once the NBC approves an I-131, it produces and mails the Travel Document, I-512,
within 48 hours. The applicant should receive the I-512 within 10-14 days from the date
of approval, depending on the delivery of the postal service. If the applicant or
representative provides an account number for an express delivery service, the NBC will
send the I-512 via express mail.
Please note that express mail service is not available for EAD cards that are produced in
and mailed from the USCIS card production facility in Corbin, KY.
4. Please clarify what exact documents are needed for Affidavit of Support? After an
I-485 is filed with the NBC, it seems that the NBC mails out requests for
submission of taxes routinely--even in cases where fully satisfactory taxes and all
other required financial information has already been filed with the I-485. Does an
officer review the file to ensure that only necessary requests for evidence are
issued? Is there a way the NBC would like the financial information organized or
highlighted to avoid the added burden on the NBC of this mailing?
The NBC is responsible for preparing I-485 cases for interview, and to obtain as much
evidence as possible to help ensure that the case can be completed at the time of
interview at the Field Office. This now includes a review of the I-864 Affidavit of Support
and