1. Expedite of I-140 petitions. INS indicated that they are working to get current on processing I-140 petitions and awaiting action plans from the Service Centers. They hope to be at a 90-day processing time by the end of the fiscal year. It is their hope that this will eliminate the need for an expedite plan.
2. Unnecessary RFEs. INS is finalizing uniform Standard Operating Procedures (SOPs) for I-485s and other forms to deal with the inconsistency in adjudication. They are hopeful that once the SOPs are issued, we will see fewer unnecessary RFEs.
3. H-1B processing. INS was not prepared to indicate where it stands with respect to the cut-off filing date for H-1B availability. INS also would not say what receipt date currently is being processed, other than to say it has moved a bit beyond the 3/10 date previously announced.
4. New I-129 Form. The new version of the H supplement will likely be put into effect in October.
5. I-129W. INS has agreed that the petitioner does not need to check “no” to all the boxes in Part B of the Form I-129W if the petitioner is paying the $500 because the answer “no” to each question is implicit in the fact that the fee is being paid. A policy memo has been issued to the Service Centers to inform the contract workers that I-129Ws are not to be rejected for this reason if they are accompanied by the $500 fee.
6. Concurrent I-140 filing. If a petitioner wants to file concurrent I-140 petitions, one based on EB-2 classification and the other based on EB-3, the original labor certification should be submitted with one application and a copy with the second, with a notation in the second application indicating that the original labor certification is with the other petition.
7. Religious workers. The Service Centers are working hard to adjudicate the I-360 petitions and most are in the process of identifying I-485 applications filed for special immigrants.