September 2000
1. H-1B Processing: The VSC hopes to be at or close to a 60 day processing time as of October for both cap and non-cap H-1B cases. However, clerical delays will continue, especially for requests for additional evidence, denial, revocations, etc. The clerical staff is currently working on RFEs that were requested by the adjudication officers in mid-July.
2. Processing Delays: The Center has relied extensively on overtime this past year, which traditionally ends on the last day of September. Congress has not yet approved a budget for the INS and, accordingly, overtime will cease. Add to this that there has been a recent push on I-140's. In short, backlogs will continue to grow during the first part of fiscal year 2001, which begins October 1.
3. Consular Processing Request: The VSC requests that whenever consular processing will occur, a duplicate copy of the petition and supporting documents should be enclosed. This will speed up processing because adjudicators will not have to take time to photocopy documents.
Secondly, please be certain to identify the consulate where the
beneficiary will apply for a visa, even though it is anticipated that a
change of status or an extension of stay will result. In the event that the change or extension cannot be granted, the adjudicator has to "guess" where to send the petition, based upon whatever evidence is in the record, such as the beneficiary's nationality or consulate where the beneficiary last applied for a visa.
4. Problem Case Submittals: We have received reports that several members are seeking assistance directly from the Office of the Associate Commissioner for Service Center Operations, Fujie Ohata. Such requests will generally be rejected as a matter of course. Members are urged to follow the Liaison procedures as detailed on the AILA Infonet.
5. Statistics re: RFEs: Center Director Paul E. Novak has provided the following interesting set of statistics regarding Requests for Evidence (RFE). There has been much discussion of the recent RFE rate within the business Product line. I'd like to share with you an analysis conducted last week:
FY99(to this date) FY2000(to this date)
I-129 (all Forms) 21.26% 19.53%
I-(140) Imm Wkr 26.20% 26.62%
Total actions during the same periods:
FY99(to this date) FY2000(to this date)
I-129(all forms) 176,138 212,083
I-140 Imm Wkr 36,742 47,396
According to the VSC, this indicates that the additional number of RFEs is a direct result of the increased number of actions and not a sudden increase in the percentage of RFEs......
6. SWIP Again: Todd Reader, Assistant Center Director, reports that the Service-wide inventory process (SWIP) has begun with the 'freezing' of office to office file movement as of 9/15. This means that the VSC will be unable to get files from the Harrisonburg storage site until mid October, and only then if the backlog of requests hasn't grown too large for Harrisonburg to deal with quickly. Thus resolution of questions referred to the VSC by the Liaison Committee which require retrieval of files from storage will be delayed until original files can be retrieved.
7. Response to duplicate RFEs: VSC policy concerning time within which to respond after the mailing of a duplicate RFE when members indicate non-receipt of the original - If the error which caused the original RFE not to be delivered was on the part of the VSC, the VSC will amend the duplicate RFE to reflect a full 12 weeks in which to respond. If the error was not caused by the VSC, the duplicate RFE will still be sent but the date for resubmission will be the date the original was typed and mailed.
For the VSC Liaison Committee
Gerald C. Rovner, Chair