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【周末福利】 移民局Open House Notes
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【周末福利】 移民局Open House Notes# Immigration - 落地生根
z*i
1
标题军版一把。
记得EB23版的版花也去过NSC的open house。如果搜关键词,就能找到比如NAFSA去参加
open house的笔记。摘录一些觉得比较有意思的地方。当然,这些信息是来自2014和
2015的open house了,有的信息没准过时了,仅供参考和娱乐只用。很多东西估计版友
们都知道了,就当是refresh memory吧。
关键词可以谷歌搜 USCIS Texas Service Center Open House,或者把德州替换成内布
拉斯加
另外还有刘law写的blog
www.niwus.com/resources/updates-from-the-may-2015-texas-service-center-open-
house
【TSC】Info from 2014 & 2015 open house
【Background】
At the beginning of the 2015 fiscal year in October 2014, there was a re-
organization of the TSC due to the increasingly large size of teams. As a
result, TSC separated the team for I-140 petitions and I-485 applications
and created two new teams called Business Premium and Employment Adjustment
for I-140 petitions and I-485 applications, respectively. TSC also hired
about 200 new employees, including two associate center directors to head
the new teams, and TSC expects to hire more employees to fill the vacancies.
【140】
Mr. Humphries confirmed that upgrading to premium processing service after
two weeks from the initial filing date of the I-140 petition does not make a
difference to the case. If a request is made to upgrade to premium
processing service, the same officer, who was assigned the I-140 petition,
continues to adjudicate the case. 评论:升级的PP还是同一个人审材料
Q. If we upgrade a previously filed I-140 to premium processing does it go
to the same officer?
A. Yes, if the case has been assigned, the same officer will adjudicate it.
If the case has not been assigned, it will be pulled and assigned to an
officer for adjudication.
Q. How does a previously denied I-140 affect the adjudication of a new I-140
in the same category?
A. The prior evidence and decision is in the A file. That evidence is
relevant, but the subsequent petition will be adjudicated based on the
complete record including any new evidence submitted with the subsequent
petition.
Q. If an I-140 is denied and the petitioner elects to file a new I-140, is
there a negative “hangover effect” from the previous petition or does the
new petition receive what amounts to a de novo review?
A. The new petition should get a fresh review of all the evidence. There
should not be an automatic denial just because the earlier petition was
denied.
Q. Can you explain the EB-1 review process?
A. When assigned, the adjudicating office will review the entire record.
They will review the support letter, all evidence submitted with the
petition and they may need to review multiple files before reaching
decision. The average review time for EB-1 cases is 2 ½ to 3 hours.
Some cases are adjudicated quicker and others take much longer.
Q. Does TSC compare its approval/denial rates for non-labor certification I-
140s with the approval/denial rates for non-labor certification I-140s at
the Nebraska Service Center (NSC)? If you do, how do the rates compare?
A. TSC does communicate with NSC and compare data. All the information TSC
can release can be found on the website. 两个中心会就非PERM的140通过率沟通
,但是似乎大家感觉TSC要求稍低一些。
Q. We have received RFEs on EB-2 cases that seem to be asking for both
evidence that beneficiary possesses an advanced degree and evidence of the
beneficiary’s exceptional ability. Has there been a change in the
regulation requiring both and advanced degree and exceptional ability?
A. There has been no change. The petitioner only needs to demonstrate that
the beneficiary has and advanced degree or exceptional ability.
NIW的标准是高学历或者突出成就,二者选一。
【485】
In the second half of the Open House, Associate Center Director Rick Dashner
of the Employment Adjustment Team emphasized that mandatory background
checks, including FBI Fingerprint Check, FBI Name Check, and TECS Check,
must be completed before adjustment. Officers also review other systems for
potential violations, criminal records, warrants/protection orders, or
information relating to the applicant’s admissibility to the U.S. In
response to inquiries regarding the long processing times for I-485
applications, Mr. Dashner pointed out that the delay could be from the above
mentioned security checks.
Q. Do you prefer that I-485 applicants porting under AC21 send the
notification letter at the time of the port, or do you prefer for them to
wait until an RFE is issued?
A. They prefer that a letter be sent at the time of the port. However, even
if you send a letter at the time of the port, you may still get an RFE and
you will need to re-submit the port letter in response to the RFE.
TSC tries to keep family packs together throughout the adjudication process.
If a family member’s application is separated, it usually means one of the
applications needed something the others did not. An RFE for missing
evidence is a common example.
Q. Are Chinese nationals required to submit the notarial certificate as
evidence of birth?
A. Yes, per the Department of State reciprocity table, these are available
and constitute the best evidence of birth 老中得交那种公证处公正的出生证明
才行
【NSC】 Info from 2015 oepn house
【Some NSC background info:】
On a typical day, NSC processes 15,500 pieces of mail, acts on 5,578
adjudications, processes 680 employment authorizations, produces 593 travel
documents. NSC receives 22,200 inquiries monthly. The NSC total workforce
is 1271 persons, including 976 government employees and 295 contractors.
The Document Production Division processes I-765s, I-131s, I-360s, TPS, and
N-400s. The AOS/Business Division processes I-140s, I-485s, I-360s and TPS.
There are 4 other divisions.
A basic trainer is IS01 and then can move up to IS02, and then become a
senior, which is IS03. Any adjudicator can issue an RFE without having the
supervisor review it, but all NOIDS have to go through supervisors. 移民官
也分等级的。发RFE不需要领导同意,发拟拒绝信得领导过目。
The NSC has four attorneys in the legal department that assist with
adjudications with regards to more difficult cases if the adjudicators have
specific questions. They help supervisors with questions on policies, and
of course are involved with any litigation for the NSC. When speaking with
the attorneys, they mentioned that the backgrounds of the adjudicators are
quite diverse. Some of them are former military men and women, some are
former teachers, former attorneys, etc. They made the statement that the “
adjudicators are working very hard on these cases.” 评审员的背景多样性
【140】
Most I-140 petitions come from persons on H status.
I-140 adjudicators do not look at maintenance of nonimmigrant status (that
is reviewed for I-485 applicants) 注:这点也说明交485各种材料证明身份保持的
必要性。
Once approved, an I-140 is valid indefinitely (unless revoked)
【485】
Dependents of I-140 principals can file with the principle, or while the I-
485 of the principal is pending
On the I-485 form, complete all sections and items.
Documents not in English must be accompanied by a certified English
translation.
具体信息大家还是去搜一下notes和各种blog看看,我觉得算是能多了解一下他们是怎
么运作的。
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R*d
2
感谢分享

open-

【在 z*******i 的大作中提到】
: 标题军版一把。
: 记得EB23版的版花也去过NSC的open house。如果搜关键词,就能找到比如NAFSA去参加
: open house的笔记。摘录一些觉得比较有意思的地方。当然,这些信息是来自2014和
: 2015的open house了,有的信息没准过时了,仅供参考和娱乐只用。很多东西估计版友
: 们都知道了,就当是refresh memory吧。
: 关键词可以谷歌搜 USCIS Texas Service Center Open House,或者把德州替换成内布
: 拉斯加
: 另外还有刘law写的blog
: www.niwus.com/resources/updates-from-the-may-2015-texas-service-center-open-
: house

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v*e
3
感谢分享!
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