Diploma or Transcript for H-1B Extension

As a result of a recent Congressional mandate to the INS to collect specific items of information about H-1B cases that the INS adjudicates, the INS has developed a new internal form -- Form G-1020 "H-1B Specialty Occupation Data Collection." INS adjudication officers will start this week to complete the G-1020's four questions in all H-1B cases that INS adjudicates. The questions are:

(1) What is the highest degree or level of school this person has completed?

(The form offers 9 choices, ranging from no diploma to doctorate degree.)

(2) [What is the person's] major/primary field of study?

(3) [What is this person's] rate of pay per year?

(4) [What is the three-digit] LCA code?

In routine H-1B extensions, neither the regulations nor the INS typically requires submittal of the beneficiary's educational documents. However, given the INS adjudicator's new obligation to record (1) highest degree level and (2) major/primary field of study information in ALL H-1B cases, the absence of educational documents in H-1B extension requests poses a problem for Service Center adjudicators. Therefore, until the INS decides what it will do in these kinds of cases (for example, issue an RFE for copies of the degree diploma and/or academic transcript, or requisition the existing INS file containing the earlier H-1B petition and presumably the educational documents), I suggest that you include with any H-1B extension request you file a legible copy of the beneficiary's diploma and/or transcript. In so doing, you will avoid the possibility of a Request for Evidence -- at least, for this reason alone. One service center has informally asked AILA attorneys to assist the INS in its G-1020 completion by providing copies of educational diplomas and/or transcripts with ALL H-1B cases -- new H-1B and extension requests alike.

(Courtesy of Gregory P. Adams, AILA-Nebraska Service Center Liaison Cmte)