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California Service Center Open House August 30, 2017 Notes from NAFSA’s ISS-RP Regulatory Ombudsperson Subcommittee

Members of NAFSA’s ISS-RP Regulatory Ombudsperson Subcommittee prepared these notes. They have

not been reviewed by the agency officials who participated, and reflect information provided by

government officials in an informal setting. Liaison notes and summaries are best used as general

information concerning current agency processes and policies, and it is important to recognize that

agency processes and policies are subject to change. NAFSA notes and liaison summaries do not

constitute legal advice.

The Open House was presented by California Service Center (CSC) administrators with representatives

from the Department of State Kentucky Consular Center and the Department of Labor Office of Foreign

Labor Certification (OFLC). Following the sessions, participants were invited to tour the facility. Two

handouts were distributed, and are attached at the end of these notes:

1. USCIS Service Center Case Inquiry Process

2. CSC Info Brochure

Contents Session: Welcome and Introduction ............................................................................................................. 2

Session: Family, Resident & Status, and Student Session ............................................................................. 2

Session: Resident and Status Branch ............................................................................................................ 3

I-539 filing tips........................................................................................................................................... 3

Session: Kentucky Consular Center (KCC) ..................................................................................................... 4

Kentucky Consular Center (KCC) Q&A ...................................................................................................... 5

Session: Customer Engagement Center West and Customer Care Branch .................................................. 6

Customer Engagement Center Q &A ........................................................................................................ 6

Comments from Customer Engagement Center Q & A session ............................................................... 7

Session: Employment Session Discussion ..................................................................................................... 7

Additional H-1B comments: ...................................................................................................................... 7

Session: Office of Foreign Labor Certification (OFLC) ................................................................................... 7

OFLC Q&A .................................................................................................................................................. 8

Review the 186-page CSC Open House Presentation for information not covered in these notes:

https://www.uscis.gov/outreach/california-service-center-open-house-0

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Session: Welcome and Introduction Kathy A. Baran, Director of the California Service Center (CSC)

CSC Director Kathy Baran welcomed attendees and announced that the service centers are moving to do

national engagements on specific topics rather than localized ones. The first one will be at the Vermont

Service Center focusing on O, P, and Q petitions. It happened on September 15, 2017.

Session: Family, Resident & Status, and Student Session Rich Nicholson, Associate Center Director, Family-Based Branch

Rich Nicholson spoke on Forms I-130 and I-129F, DACA, and Temporary Protected Status (TPS), and

provided the following general information about the duties of the branch:

• They are working to reduce the numbers of Requests for Evidence (RFEs).

• I-130 petition for alien family member - definitions, who can file and which relationships qualify

as well as the relationship between service center processing times and visa bulletins.

• Petition electronic routing tool (PeRT) is a routing tool for processing consular submissions. CSC

will continue to process until it is fully internationally implemented.

• Adjudicate I-539, I-765 for non-student Employment Authorization Documents (EADs).

• All student I-765s are processed at the Potomac Service Center (PSC). Inadmissibility waivers are

processed at the Nebraska Service Center (NSC).

Nicholson provided general information on the background of TPS.

• TPS Designation duration is for either 6, 12, or 18 months. If the designation is due to expire, the

Secretary of DHS must decide within 60 days before expiration. If no decision is made, it is

automatically extended for six months. If the designation is terminated, individuals will revert to

their previous status or another status can be acquired while registered for TPS.

• Individuals are not eligible for TPS if they entered after country designated for TPS.

• An optional benefit – travel. They may apply by filing form I-131 with $575 filing fee.

• They have shared jurisdiction with the Executive Office of Immigration Review to adjudicate

initial applications.

• Different service centers process TPS depending on the reason (i.e., Conflict reasons are

processed at Vermont Service Center). Most TPS are adjudicated at Vermont Service Center. CSC

processes TPS for Haiti, extraordinary, and started as a response to Haiti’s’ natural disaster.

Nebraska Service Center processes TPS for Nepal’s natural disaster.

o Benefits- cannot be removed solely due to status.

o Eligible to apply for travel and work authorizations.

• There is no TPS derivative status, each person/family member must meet requirements and

apply on their own.

• Eligibility: Dual citizens may be eligible as long as they reside in TPS country immediately before

application; people without nationality residing in the country before coming to U.S. AND must

continuously reside in U.S. on and after the declaration.

• Travel outside U.S. can violate the status unless Brief, Casual, Innocent (BCI) even with travel

parole.

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• Inadmissibility grounds that cannot be overcome (examples, but not an exhaustive list):

o criminal convictions

o terrorist activities

o drug trafficking

• Inadmissibility grounds that can be overcome (examples, but not an exhaustive list):

o public charge

o F-1 visa violators

• TPS Bars:

o 2 misdemeanors

o 1 felony

o Removal order reinstated

o Frivolous asylum application

• Entry without inspection doesn't apply to TPS; individuals can still be eligible (humanitarian,

family, or public interest reasons).

• Beneficiaries must reregister during each TPS extension, demonstrate continued eligibility

including foreign travel.

Session: Resident and Status Branch Kurt Gooselaw, Associate Center Director and Ramlah Moussa, Section Chief

Nebraska Service Center (NSC) adjudicates all DACA filings. The process and tips on filing Form I-751

petition to remove conditions on a residence on marriage less than two years were given.

I-539 filing tips • Answer all questions, even list “N/A” if item does not apply

• List full name as per passport

• List complete U.S. mailing address

• Sign the signature box

• Must provide a statement explaining the reason for the request (this helps to avoid RFEs)

• Include the following:

o Copy of biographical information on passport

o I-94 (if card, both sides)

o Proof of relationship between co-applicants

o Evidence of means of financial support

o English language translation should be from a certified translator

o For all F-1 need signed I-20 and evidence of SEVIS I-901 fee:

• For reinstatement cases:

o Include official transcripts from all schools attended in U.S. and evidence to show that

reinstatement is beyond student’s control

o DSOs should make sure SEVIS information is correct

o DSO and student should write a letter explaining why student fell out of status and how

the situation was beyond the student’s control

o F-2 does not need to file reinstatement if F-1 needs to file. If F-1 reinstatement is

approved, F-2 automatically reinstated

• Address changes may take 5-10 business days to process.

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• Expedite criteria can be found on USCIS website.

• For J-1s, including the signed DS-2019.

• Dependents- include evidence of principal’s status (I-797, I-94, admission stamp in passport), as

well as proof that principal is continuing to maintain status (i.e., pay stubs, letter from employer,

etc.)

• For those changing from B to F-1 status:

o As of April 2017, students applying for COS to F-1 or M-1 must file bridge I-539

applications to extend B status if F-1 is not yet adjudicated by the time B-1 or B-2 I-94

expires. File the bridge I-539 so USCIS receives it before I-94 expires. Bridge extensions

of status are granted in 6-month increments.

• If concurrently filed with I-129, will be adjudicated at the same time by the I-129 section.

• Rejected applications do not retain a filing date.

• Dependents: evidence of principal’s status, evidence principal applicant is maintaining status,

documentation of relationship to the principal applicant.

• Reasons for Lockbox rejection: fee issues, missing signature, wrong form version.

• Students: SEVIS updated correctly, no new SEVIS number.

• The Accrediting Council of Independent Colleges and Schools (ACICS) received notice from the

U.S. Department of Education in December 2016 that it is no longer an accepted accrediting

agency. This decision has affected English language programs and STEM extensions. RFEs will

be issued for Change of Status (COS), or reinstatement to ACICS accredited Schools or English

language programs.

Session: Kentucky Consular Center (KCC) Chris Beard, Department of State, Consular Affairs

What the Kentucky Consular Center does:

• They are the back-office operations for Consular Affairs – protect U.S. citizens and interests

abroad.

• Facilitate the entry of international travelers without compromising national security.

• Run various programs:

o Diversity lottery (assumed administration of this program from the National Visa Center

in 2000)

o Facial Recognition (make sure that one person with that particular name enters the U.S.)

o Pre-Adjudication on support services (serves as fraud unit for petition-based visas).

Also, help to make overseas adjudicators effective at their jobs

• Petition Information Management Service (PIMS) - converts the I-129 into electronic form, then

provides this form to USCIS Service Centers as well as Consular units (if applicable).

• The only paper handled now are I-129s from USCIS service centers.

• The staff is scheduled from 5:30 am to 2:30 am weekdays and one weekend day to support

consular posts and expedited handling.

• National Visa Center (NVC) is moving to a customer service model from the processing only

model. KCC oversees four main areas:

o Diversity lottery - duplicate entries will disqualify. They are considered fraud.

o Facial recognition program.

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o Pre-adjudication support services.

▪ Fraud detection visibility over all petitions before going overseas. If no fraud

indicators are apparent, the information is sent to consular affairs which should

make processing more efficient and free from fraud.

o Petition Information Management Service (PIMS)

▪ Paper forms are converted into electronic records for overseas office

processing. Volume by service center: Vermont Service Center provides

approximately 50% of the workload with the Nebraska and California Centers

about 25% each. There will be a consular notification delay if a 2nd copy is not

included. Use double-sided copies (preferred) book style, single binder clip, no

dividers. Include duplicate copy when responding to RFEs. 26 fields are

manually entered from the petition.

• Diversity Visa the G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

is needed for inquiries with KCC. Cases belong to KCC until they are approved for consular

processing.

• Facial recognition check: 40 million are cleared every year. This process helps to avoid

duplication and ensure that benefits haven't been applied for under another name previously.

• NOTE: USCIS prefers single-sided copies per the later employment section.

• Scanners run 22 hours per day. 70 million pages are scanned per year.

• T/U/O/P petitions are processed 1 business day after receipt.

• H/L petitions are processed within 3 days after receipt.

• EOS/COS petitions had 10-day processing, now are processed in 3 days.

• From electronic receipt of I-797, it takes about 5 days from CSC to process to consular posts and

about 3 days from Nebraska and Vermont Service Centers to consular posts

• Expedited case in PIMS: If you need this, you should contact the adjudicating

embassy/consulate for expedited appointments. This triggers an expedited request in PIMS so

no need to also contact KCC for the expedition.

• Contact KCCDV@state.gov: for Diversity Visa (DV) questions before appointment at consular

post

• Contact KCCDirector@state.gov if the case seems to have dropped through the cracks. Send

history of how tried to resolve including correspondence with consular affairs/USCIS.

Kentucky Consular Center (KCC) Q&A

Q. Where should petition request for revocation be submitted?

A. Requests for revocation for nonimmigration petitions should be submitted through KCC,

immigrant petitions through NVC.

Q. 129 what supporting docs should be sent in duplicate copy?

A. Use discretion. I-129 and LCA are necessary. Include anything that could make a difference in

visa consideration.

Added comment: Submission tips: Don't use rubber bands. Use multiple binder clips in

sections if too the documentation is too big for one. If consular posts need information that is

not present via PIMS, it can result in a delay.

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Q. What about Diversity Visa processing and the travel ban?

A. If it is not resolved before the 9/30/2017 deadline, the petition dies. The Travel Ban is due

to expire 9/26. KCC knows it is a short turnaround time to process.

Q. What if consular official returns case to USCIS for reconsideration, must meet criteria?

A. KCC determines before returning to USCIS.

Comment from KCC: Consular officials should only be looking at electronic approvals. Should

not be requiring paper I-797 approval notice due to fraud purposes. Let KCC know if happening.

Comment from KCC: Working at reducing fraud in DV lottery applications from abroad. One

change – if the same picture used as in prior applications, the application will be denied. Photo

standardization strictly enforced.

Session: Customer Engagement Center West and Customer Care Branch Sany Alegria, Customer Engagement Center West Director

• Purpose of the Center is to find the resolution of inquiries and ensuring consistency in answers.

• The online self-service is still new. Emma, the USCIS Virtual Assistant, gets a little confused,

especially in Spanish.

• First-tier contract employees are located around the country for general information, address

updates, etc.

• Interesting statistics from the Customer Engagement Center:

o 56,000 interactions

o 48,000 My USCIS

o 26,000 tier 1

o 300,000 check my status online

• Alegria explained how case inquiries are handled and problem inquiry resolution is made both

internally and externally.

• How to inquire on a case: National Customer Service Center emails have 15 calendar days for a

response. If not resolved in 15 days, email CSC, please follow up. If still not resolved, then email

SCOPS (Service Center Operations). Expedite requests typically have a 5-day response

turnaround.

Customer Engagement Center Q &A

Q. If a case is transferred from Vermont Service Center to CSC, which receipt date should be referenced

for processing?

A. Use the receipt date and processing times for the newly assigned service center.

Q. What if there are Lockbox erroneous rejections?

A. They have no direct contact with lockbox so we must contact the Lockbox directly.

Q. What is the ratio of approved expedite requests?

A. Not a lot, as they must meet the criteria

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Comments from Customer Engagement Center Q & A session • Info Pass appointments are only released in 2-week batches and thus can fill up

extremely quickly.

• If advanced parole is needed to travel, an expedited request can be filed. After five

days, pursue through CSC with a follow-up email, etc.

Session: Employment Session Discussion • CSC expanded in January 2016, restructured in November 2016 to add EB-1 processing.

• Employment-Based petitions are being processed within processing time goals.

• Cap cases should be completed mid-September.

• USCIS must determine that the Labor Condition Application (LCA) supports I-129 properly (level

1 wages, specialty occupation).

• No further information is available on expanding/resuming premium processing.

• Section 1 Employment based 1 (EB-1)

o Best practices: in general, if the classification is eligible for premium processing,

expedited processing will not be considered.

• Section 3 EB3 and L classifications:

o Filing tips: single-sided copies or if double-sided, flip from bottom up.

o Best practice: always include a duplicate copy for KCC PIMS processing. This applies to

RFE responses also.

o If the petition contains a change or amendment, include an explanation of the change.

• EB2 Section 2. H1-b

Additional H-1B comments: • If the beneficiary entered 10 days before the H1b authorization (early entry), it counts against

the 6-year maximum.

• Filing tips: for RFE response, include an index of evidence, color hard stock dividers between

types of evidence.

• Submit full English translations. Certification that it is an accurate translation and translator is

competent to translate.

Session: Office of Foreign Labor Certification (OFLC) Al Herrera, Acting Administrator

• H1-B Specialty Occupation

o 3 adjudicating centers

o Temporary visa programs: E3 (USCIS administers the cap 10,500), H-1b, H-1b1 (counts

against 65,000 cap), H-2a, H-2b, D-1.

o These are attestations-based programs. They are looking for obvious errors and

inaccuracies. Submissions are certified or denied with no appeal for denials. Cases must

be refiled.

o Immigrant visa: PERM (Atlanta)

• OFLC major roles and functions

o Wage-Hour Division oversees enforcement of employer compliance, sanctions.

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o 2016 – 1,212,329 H-1B positions were certified with the top industries: tech, education,

finance, healthcare.

o 50% of the cases where systems analysts, software developers, programmers.

o Cases are processed within 7 working days.

o Occupational Employment Statistics (OES) is the source for the majority of prevailing

wages used.

o Herrera stressed that employers must pay for ALL nonproductive time for employees in

H-1B status!

o Examples of violations: reducing wages below actual/prevailing wage, benching-not

paying for nonproductive time.

o Debarment applies across all OFLC areas to include PERM filings.

o Listing of employers debarred from H1-b program:

HTTPS://www.dol.gov/why/immigration

o Information from newly issued FAQs is effective for cases as of the date of issuance.

o Audit letters: provide what is being asked! OFLC hosted a webinar in August 2017. It is

posted on OFLC website on how to address audit letters.

o Higher Ed must use ACWIA wages even if no ACWIA jobs are listed. ACWIA is the

American Competitiveness and Workforce Improvement Act.

o An upcoming stakeholder event/webinar was announced.

o Help desks have 24-hour to 72-hour turnaround time; take advantage of this resource.

OFLC Q&A

Q. Do adjudicators have daily petition quotas?

A. No, goals are established in conjunction with supervisor.

Q. Can students file Extension of Status (EOS) and Change of Status (COS) applications at the same time

(COS from B to F1)?

A. Yes

Q. Why the change in enforcing status until 30 days before approval?

A. I-539 instructions require maintenance of current status until 30 days before the new status

starts.

Q. COS B to F-1 can there be many I-539 forms filed while COS is pending?

A. Yes. Approval can only be for 6 months at a time.

Q. If wage level 1 is determined, what authority does adjudicator have to question?

A. USCIS determines whether this qualifies as a specialty position.

Q. Can I-131 expediting be done at the local office?

A. Yes, If not filed, have original I-130, fee, 2 passport photos and evidence to support expedite

(example for expediting—death in the family; bring death certificate).

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Q. Can the Beneficiary translate their own documents?

A. Yes, they can perform the certified translation. This should have no adverse effect on

adjudication. Beneficiary needs to include the certification that they did the translation and that

it is complete.

Q. Do case inquiries slow down the processing?

A. Yes, because the file must be pulled for review.

Q. If a congressperson is asked to intervene, why do we not receive a response?

A. When congressional delegations are contacted, they are given the authorization to act on

behalf of the petitioner/beneficiary. USCIS will only respond to a congressional staffer.

Q. Which is more efficient – phone or online requests?

A. Either. Of course, if you call by phone, you may have to wait on the line. Make sure online

requests are thorough, specific with complete information.

Q. Is it better to complete forms in all capitals or lower case?

A. It doesn’t matter.

Q. Is there any new information on DACA?

A. No.

Q. What kind of supervision/oversight do new officers receive?

A. Each mentor and supervisor conducts a review for new officers.

Q. What is the status of H-1B premium processing for cap-exempt petitions?

A. It is available for initial petitions only.

Q. What color ink is preferred, blue or black?

A. It doesn't matter.

Q. Is color paper needed for divider? Is this helpful?

A. It is not necessary.

Q. What happens if there is an error on the H-1B validity start date on the approval notice?

A. Bring it to their attention right away.

Q. What happens if the I-539 has no foreign address?

A. Nonimmigrants must show they have a foreign residence address that they intend to go back

home to --so provide one.

Q. Does the foreign national accrue unlawful presence while pending COS?

A. No, they would not accrue unlawful presence while pending COS.

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Q. Should student submit a waiver of inadmissibility and COS together?

A. Yes

Q. Can EAD cards be sent in a more secure way than regular mail?

A. No, they are sent in a trackable way now, and there are no plans to change this method of

delivery.

Q. Why has the policy changed to give individuals 30 days to respond to RFE?

A. It has been this way since 2011- nothing has changed.

Q. What evidence can students use to document foreign residence?

A. “whatever works.”

Q. Can waivers of inadmissibility be filed with I-485 petitions?

A. Yes.

Q. How often are processing times updated?

A. Headquarters updates processing times.

Q. Why can we and our staff not receive information from the CSC regarding issues or questions

regarding cases we have filed?

A. Information can only be provided to the petitioner, beneficiary or named representative on

G-28. Information will not be disclosed to paralegals or other employees not included with a G-

28.

Q. For a COS from J to H, what happens when I-612 approval is needed for 212e but is still pending?

A. CSC will reach out to VSC.

Practical things to make file processing easier:

• Don't use n/a for blanks. Sometimes it is appropriate to leave the field blank instead of n/a.

Check form instructions and see the reference above to clarify. This information seems to

contrast with earlier information provided.

• Fees/checks should be stapled to application forms – all on top.

• Use binder clips for separate applications within filing, i.e., I-907 and I-129 then a bigger binder

clip for the total package.

• CSC operating hours: 6 am to 6 pm, M-F; Saturday deliveries are processed Monday.

• Service Center Directors discuss service center caseloads weekly, in conjunction with SCOPS.