EB485 at NSC will get delayed by huge asylum backlog..

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Not a good news for NSC guys..reported by OH law firm

The USCIS reports that it is still targeting at achieving the processing times of 16 petitions/applications by the end of September 2006 and has already reached the goal for the 14 types of cases out of 16 types. The reported statistics reflect that between May 2004 and May 2005, the backlog cases had been reduced 69% from 3.4 million cases to 1.0 million cases. However, close review and analysis of the USCIS backlog reduction record for the 3rd Quarter (April - June 2005) indicates that the number of backlog cases increased rathan than decreased. In fact, the backlog increased 12% between May 2005 and June 2005. The USCIS reports that this was caused by the Congress' action lifting the asylum/refugee I-485 annual processing limit of 10,000, and the USCIS dumped 174,000 I-485 application cases for asylum/refugees on the I-485 processing queue of the Nebraska Service Center. Under the current jurisdictions, the NSC has the sole jurisdiction to process I-485 applications for asylees/refugees.
Lately, the USCIS revealed a wide gap in the processing times for the "employment immigrant" petitions and applications among the four Service Centers as seen in the chart below:
EB-485 and I-140 Processing Times of Service Centers as Reported in August 18, 2005
I-485 I-140 (EB-3 Skilled)
California SC 04/01/2005 05/02/2005
Vermont SC 08/19/2004 03/26/2005
Texas SC 07/01/2004 06/08/2005
Nebraska SC 02/02/2004 02/01/2004

We do not have specific evidence that a huge gap between the NSC and other Service Centers has been caused by the workloads related to the asylee/refugeee I-485 cases, but without doubt 174,000 cases of I-485 which have been dumped on the NSC by the Congress earlier this year must have affected the NSC's processing times. Unless something is done on the regional discrepancy, the current processing gap clearly raises the issue of inequity between the people living in the Midwest and other Regions in the nation. It affects not only the alien beneficiaries but also the U.S. employers in the Midwest that hire professional alien employees. We do not have any suggestion for the USCIS solution for this inequity issue, but obviously the USCIS may want to consider redistribution of jurisdictions or workloads either temporarily or permanently among these four Service Centers. California Service Center and Vermont Service Center are the two largest Service Centers in the current USCIS Service Center structure, but when it comes to asylum/refugree and NACARA immigration cases, the USCIS dumped the workloads on the two smallest Service Centers in Nebraska Service Center and Texas Service Center.
 
I dont think that Asylum/Refugee Applications will be given high priority over Employment based cases.
Any Expert Opinions Here?
 
not sure

Kshitij said:
I dont think that Asylum/Refugee Applications will be given high priority over Employment based cases.
Any Expert Opinions Here?
Click to expand...
You would think that way. After all, the EB applicants are tax-payers and make significant contribution to US economy, while the asylum/refugees are just the burden of the society.

However, what happened in USCIS not always make sense. Such as, in many cases, illegal immigrants have better chance to obtain GC than the legal ones, can you explain that? Many immigration relief laws aimed to provide relief ONLY to the illegal immigrants and asylum/refugees on the basis of hardship - no work/travel permission, etc. but these basis hard to justify in EB categories...
 
NSC did similar thing couple of years ago too, they fast tracked GCs for Nurses and Religious workers which threw back my case by several months and was probably put under backlog reduction category, therefore I kept seeing cases filed several months later than my case being approved, and mine still pending. It took them another two years before they get to my case and approve it in July 05 as against July / August 03.

Also, for the comment that EB applicants are tax payers and Asylum and refugees are not, this gives stronger reason to USCIS to bring these people on to the legal status so that govt can start collecting taxes from them.

Ultimately this is a bad news for 485 waiters at NSC. One thing I fail to understand is why NSC is always chosen for such adhoc activities, earlier it was Nurses and religious workers (EB4 I guess) getting the priority and now it is Asylum / Refugees being dumped.
 
Ok guys. U definetely have wrong info about asylees/refugees. I've been paying my taxes since the first week I arrived in the United States and I am asylee. Most of asylees work because 1) this is the only way to survive 2) if u think that asylees/refugees get much assistance from the state u r wrong. The only program they can use is "cash assistance" which works only for the first 8 months after asylum status was granted and it's about 250-300 dollars per months. However if u work u cannot use it. Can u live for 300$ per month? The second program is Food stamps and it's up to 140$ per month which can be used for buying food. But u can't use it if u work as well. Finally some states still have Medicare, but as far as I know only few states still provide it and mostly for very low income people or mature people. So as u see it's almost imposible to use those benefits and not to work and be in a good shape, so asylees/refuges prefer to work as u do. A lot of these people can't speak English and they have to do low qualified jobs and they pay taxes!
Plus most of them have to escape their countries of origin because of presecution and danger to their lifes. I saw people who were witnesses how their relatives being killed and had their houses burned. I work closely with the organization which helps immigrants to be adopted in the U.S. and I heard hundreds of stories. Please, guys, be more patiant to us. Many of asylees/refugees have suffered a lot to be treated as a second class again! Be more humanitarian!
 
Minsk,

You are right, and have a valid points. The concern here is, NSC is heavily backloged compare to other service center. All the 485s (FB, EB & asylum) processing get delayed compare to other service center. In the climate of visa regression in EB class, the folks whose 485 pending at NSC are victims due to non-uniform processing accross the service centers.
 
Guys, gals, EB1, EB2, EB3, family,asylees,from India, from China, from Europe, from Mideast, we are the same, also I believe the USCIS treat us the same, we are immigrants!
 
NSC doesnt give a rat's ass if you are Employment based or asylee or illegal .

In 2001 when they received a huge number of 245(i) cases (illegal aliens application for status), NSC put all the regular labor applications aside and started working on the illegal aliens case.

This went on for 2 years , till all the backlogged 245(i) cases were approved.

I was a victim who happened to apply just one month after they recieved the huge number of 245(i) cases.
 
waitingnwaiting said:
NSC doesnt give a rat's ass if you are Employment based or asylee or illegal .

In 2001 when they received a huge number of 245(i) cases (illegal aliens application for status), NSC put all the regular labor applications aside and started working on the illegal aliens case.

This went on for 2 years , till all the backlogged 245(i) cases were approved.

I was a victim who happened to apply just one month after they recieved the huge number of 245(i) cases.
Click to expand...
245(i) was a shame .... I mean it really screwed up all of the "legal" folks that were patiently waiting for their turn.

It looks like its easier to get GC by becoming illegal -- that's where the national immigration policy is headed anyway *sigh*
 
Minsk said:
Ok guys. U definetely have wrong info about asylees/refugees. I've been paying my taxes since the first week I arrived in the United States and I am asylee. Most of asylees work because 1) this is the only way to survive 2) if u think that asylees/refugees get much assistance from the state u r wrong. The only program they can use is "cash assistance" which works only for the first 8 months after asylum status was granted and it's about 250-300 dollars per months. However if u work u cannot use it. Can u live for 300$ per month? The second program is Food stamps and it's up to 140$ per month which can be used for buying food. But u can't use it if u work as well. Finally some states still have Medicare, but as far as I know only few states still provide it and mostly for very low income people or mature people. So as u see it's almost imposible to use those benefits and not to work and be in a good shape, so asylees/refuges prefer to work as u do. A lot of these people can't speak English and they have to do low qualified jobs and they pay taxes!
Plus most of them have to escape their countries of origin because of presecution and danger to their lifes. I saw people who were witnesses how their relatives being killed and had their houses burned. I work closely with the organization which helps immigrants to be adopted in the U.S. and I heard hundreds of stories. Please, guys, be more patiant to us. Many of asylees/refugees have suffered a lot to be treated as a second class again! Be more humanitarian!
Click to expand...
I see your points .... but you are at least getting *something* from the Govt. I mean $440 is not exactly nothing - its nice to get free $$$ :D

Think of folks in work visas or similar -- they get nothing if they are not working - plus the fear of getting deported !!

I still think asylees have it easy !!!

Plus I never really understood the point of asylum either -- at least with EB immigrants, you are getting in much needed talent (which is in short supply) which directly aids the economy.

Not to direct this at you or anything like that -- just airing my opinion -- don't take this personally.
 
max2k1 said:
I see your points .... but you are at least getting *something* from the Govt. I mean $440 is not exactly nothing - its nice to get free $$$ :D

Think of folks in work visas or similar -- they get nothing if they are not working - plus the fear of getting deported !!

I still think asylees have it easy !!!

Plus I never really understood the point of asylum either -- at least with EB immigrants, you are getting in much needed talent (which is in short supply) which directly aids the economy.

Not to direct this at you or anything like that -- just airing my opinion -- don't take this personally.
Click to expand...

My point was that most asylees prefer to work and get more than 440 per months and they pay taxes as u do. And I bet u don't understand the point of asylee because thanx God u never experienced what many asylees had to go through in the countries of origin. And it's not about stervation or economic reasons.. It's about being alien in your own homeland because of the government policy and in many cases being under fear of death. However I agree with some participants of this forum that all of us - immigrants - pretty much in the same boat in regards to how we are treated by USCIS.
 
[140 --> Attorney Certified CP] vs [140/485 concurrent] vs [140/485 separate] for EB2

[140 --> Attorney Certified CP] vs [140/485 concurrent] vs [140/485 separate] for EB2 from NSC (Nebraska)

Gurus, please comment on the following assumptions / hypothesis. Your comments will help those of us obtaining labor certifications and getting ready to file 140. Thanks in advance.


After labor certification, EB2 cases under Nebraska Service Center:

1. 140 --> Attorney Certified CP:
Best Case : 1 month for 140 and 2 months for AC CP, Total 3 months.
Average Case : 3 months for 140 and 3 months for AC CP, Total 6 months.
Worst Case : 1 year for 140 and 3 months for AC CP, 15 months.

Risks: Before filing of CP retrogression could occur. Visas could become unavaible.
Advantages: Faster GC. Delays are more deterministic. Even if retrogression occurs for EB 2, new approvals from Dallas BEC are from late 2002 or early 2003. Unlikely retrogression will go back untill then.

2. 140/485 Concurrent or 140/485 Separate:
Best Case : 6 months for GC
Average Case : 18 months for GC
Worst Case : 36 months for GC.


Risks: Could take 3 years
Advantages: If filed concurrent, could avoid the bad effects of retrogression. If NSC really iplements 180 day approval, it will be great. Looks like for new filings this seems to be a possibility.
 
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