Members of the American Immigration Lawyers Association and representatives of the INS recently met to discuss various policy matters. Some of the issues discussed include the following:

IMMIGRANT SERVICES DIVISION (teleconference on August 13, 1998)

- Requests for Evidence. AILA complained about inconsistent language in Requests for Evidence issued by the four Service Centers. The INS indicated that it is looking to standardize the language in INS notices.

- AILA noted a problem with INS district offices re-interviewing naturalization applicants for whom it has been one year since the date of their initial interview. The ISD noted that it would look into the matter.

IMMIGRANT SERVICES DIVISION (teleconference on September 3, 1998)

- The ISD has prepared the following estimate of approved and pending H-1B petitions which will be applied against the FY99 cap:

- approved H-1B petitions with a 10/1/98 start date - about 20,000

- pending H-1B petitions at the four INS Service Centers - about 18,000

Based on these numbers, ISD estimates that the H-1B cap will be hit before the end of December of this year.

ISD also reminded AILA members that the confusing fee schedule for H-1B cases is being simplified in the new INS fee list. Currently, requests for extension of status cost $125 and requests for a change of status cost $155. Under the new fee schedule, there is a single fee of $110 for either an extension or a change of status.

- Naturalization. The INS indicated that it has discontinued the practice of re-interviewing naturalization applicants for whom it has been more than one year since the initial interview. The ISD has asked AILA to let it know if there are violations by INS officers in the field. Notify Elissa McGovern at AILA national if there is a problem.

VERMONT SERVICE CENTER (August 5, 1998)

- The VSC is considering establishing a web site to facilitate communications with the public. However, this would have to go through INS headquarters. [Editor's note - given how long it took INS headquarters to establish its own web site in comparison to other Federal agencies, don't expect anything soon].

- AILA questioned why I-140 processing times have suddenly jumped from 30 days to 90+ days. The VSC blamed the slowdown on an increase in filings of I-129 non-immigrant visa applications that have a processing deadline. VSC expects to get additional overtime authorizations soon and expects I-140 times to improve. But this may depend on what happens with the H-1B bill in Congress.

- The VSC admitted that it is basically shelving all I-485 adjustment applications and its backlog now dates back to August 25, 1997. It is, however, processing employment authorization documents and advance parole applications. The only adjustment cases being worked are for lottery winners and cases where a minor child of the applicant will be turning 21.

- The VSC indicated that while it is no longer required to submit a separate check for the $25 fingerprint fee along with the I-485 adjustment of status fee or N-400 naturalization fee, separate checks are still preferred.

- The VSC indicated that it would accept H-1B applications without an approved Labor Condition Application as long as the applicant later presents it.

- The VSC admitted that it has no system in place to notify applicants for adjustment of status whose fingerprints are rejected that they need to be re-fingerprinted. Cases simply sit on the shelf. The VSC indicated they are working on a manual system and will then begin processing these cases again.

- The VSC indicated that it has a system in place to scan through its files to identify cases where children will be aging out in order to pull those cases for expediting. AILA is requesting members to make sure they flag these cases on the outside envelope and in the filing material.

- AILA noted that a National Interest Waiver for a physician was recently denied because the physician offered a contract for three years. The VSC stated in the denial that this was proof that the position was not permanent. The VSC now indicates that while permanent employment is, in fact required, it understands that most employment agreements are for a finite period of time. They will now simply look for a statement from the intending employer indicating that the employer fully expects to extend or renew the employment contract at the time of expiration.

- The VSC reminded AILA members that the separate PO Box numbers and zip codes for specific types of cases are no longer used and that all petitions should now be sent to 75 Lower Weldon Street, St. Albans, Vermont 05479.