This week the American Immigration Lawyers Association (AILA) reported that the Nebraska Service Center (NSC) has initiated a two-month targeted review of I-129 adjudications as well as providing guidance on O and H-1b adjudications. 

The three main points of this report are:

1.       An extension of status is possible under the following conditions: a foreign national in the 7^th year of H-1b status due to pending labor certification #1, then labor certification #1 is denied.  Labor certification #2 has been filed and undecided for more than one year.  During this time, if the 7^th year of H-1b status has expired, the alien is eligible to obtain an 8^th year H-1b extension based on labor certification #2.

2.       AILA members need to be aware of the NSC’s recently expressed standards for adjudications of O petitions.  Some occupations won’t qualify for O status even though they seen to be within the allowable fields.  The quantifiable evidence must show an individual’s success as compared to others in the field.  Letters of reference from persons not within the alien’s circle of colleagues can be given substantial weight.  A request for O classification can not be given based on the alien’s future potential.

3.       Gregory Christian, Acting NSC Director, has addressed concerns over issuance of the needless Requests For Evidence (RFEs) and examiners’ hostility toward attorneys and evidence presented in these cases.  Christian executed a two-month targeted quality review of I-129s.  Normal procedure for quality reviews is to have supervisors review the RFEs and Product Line Managers review the denials.