As reported in our last issue, beginning on November 29, 1996, the INS transferred responsibility for processing employment-based I-485 adjustment applications from local INS offices to the four regional INS service centers.

In a conference call between members of the American Immigration Lawyers Association and the INS, several points were clarified on the new process. The following are some of the highlights:

* though the direct mail program begins on November 29, 1996, local offices can continue accepting cases for up to sixty more days. District offices can accept and process the case, forward it on to the regional service center or refuse to accept the case at all.

* Applications for advance parole documents (which allow people to travel outside the US while the adjustment application is pending) may be filed with the I-485 application at a regional service center, later at the service center with a receipt notice, or at a district office with a receipt from the service center. Advance parole applications should include a letter outlining the reason for travel and the planned travel dates. No other documentation should be required. In emergency situations, an immigration lawyer may "flag" a case that require expedited treatment and express mail to the service center, or file at the district office that would have jurisdiction.

* Employment authorization applications can also be filed at the regional INS office with the I-485 application, later with an I-485 receipt notice, or at a local district office (along with the receipt notice for the I-485). At a later date, the INS plans to eliminate the local office filing option. The INS is expected to issue guidance in the near future regarding which documents need to be filed with the employment authorization application. For now, compliance with the I-765 form instructions will be adequate.

* The INS recommended that in order to avoid delay, two fingerprint cards be included with an application even though only one is required. After AILA lawyers complained about the difficulty of obtaining service center fingerprint cards, the INS stated that it is exploring ways to make the fingerprint cards more widely available.

* The INS expects applications to be processed in about 150 days. 120 days of the 150 are due to the current process of waiting for the FBI fingerprint check to be completed. Early next year, the INS expects fingerprint processing times to be curtailed significantly and overall processing times to be correspondingly reduced (perhaps as quickly as 30 days!) Advance parole and employment authorization application processing should take thirty days. Receipts for I-485s should be generated in about a week.

* The INS stated that it is updating the list of civil surgeons who can administer the required medical exam and that it is likely they will permit individuals to use any designated doctor in the US.