News Update in full.
Nebraska updates - 10/01/03
Processing details regarding backlogs and the number of cases received by the center.
a. The number of case receipts is on an average of about 115,000 per month. On the whole the center has finished 70,000 cases in June, 104,000 in July and the center foresees 120,000 completions in August.
b. The center will be getting 14 new officers and will complete adjudications of the present 10,000 asylee adjustments. In providing additional staff there will be a decline in processing times.
c. The processing times at present are 60-90 days for I-129s. Majority of the I-140s are at 180 days, and a few I-140s moving at a longer processing times. Hence the center is targeting on I-140s depending on labor certifications. The center is concentrating on closing out the last of the 10,000 asylee adjustments, for I-485s and will then move them to the employment-based adjustments and refugee processing.
d. The center has finished with 30,000 I-90s in July and 40.000 in August. It has also finished 29,000 I-765s in August. Presently the Re entry permits are at 15 months. The center is constantly checking to enhance the processing time.
e. The center is on its move to and is concentrating on the processing times for I-539s,I-751s and I-730s. It would be easy for the center if I-751s are filed with petition as well as the required documentation.
f. The center has recognized all I-485s filed in accordance to an approved I-360 for a religious worker.
Solution to establish methods for "in security review"
The center has no general methods for cases in security review as each case differs from one another. As some cases are delicate the center states that a case is "with an officer" and hence cannot provide further information.
Color photocopies of ID documents for RFEs
The center finds it suitable to present color photocopies as it receives plenty of poor black and white photocopies. The center will however accept clear black and white photocopies. The color copies would be more suitable for the centers RFEs but not a complete need.
Recapturing H-1B time
The center will consider passport stamps, personal records, affidavits and other reliable proof given in support of requests to recapture time.
Categorization of I-130 of those with current priority dates
The center moves immediate relative cases (IRs) from the I-130s and the IRs is adjudicated first. The center gets about 8,000 I-130s a month and is now adjudication about 2,500 to 3,000 a month. At present the center does not move cases of parents of USCs from other IR cases.
Minimum requirement for ETA 750s
The centers present rule for EB-2 and EB-3 cases is where the labor certification needs a U.S bachelor's degree, a U.S. bachelors' degree is taken or a single foreign degree is same of a U. S. bachelor's degree. The favored seeks to qualify on the number of education or experiences he has. The labor certification should exactly explain the combination of education and experience that the employer will take as the equivalent of the bachelor's degree.
Backdating EADs
The center will not backdate EADs. The HQ has issued a memo laying rules where the fields to no longer backdate EADs per a 1997 Puleo memo. Applicants can ask for an interim EAD from the local field office if the I-765 has been pending.
Adjudication of auxiliary benefits prior to approval of the I-140 filed concurrently with the I-485
Cases that successfully proceed through a prima facie review of the I-140 do result in adjudication of the I-765 and I-131 prior to adjudication of the I-140.
Absence of the original labor certification
The non-existence of the original labor certification will not, by itself stop the adjudication of I-765 and I-131.
The current PTR for reentry permits is over 15 months the issue of adopting the expedite policy
The reentry permits is over 15months at present. The center will expedite an I-131 if it meets HQ's standards. The applicant should clearly express the need of the expedite request.
Asylee Adjustment regarding children who turn 21 are no longer required to file nunc pro tunc asylum applications in order to adjust status since they are covered by CSPA.
The center will be required to have children turning 21 file nunc pro tunc asylum applications according to the HQ's recent guidance.
