03/15/2004 IMMIGRATION ALERT
UPDATE FROM AILA MIDWEST CONFERENCE IN CHICAGO

 

The Chicago Chapter of the American Immigration Lawyers Association had its annual conference covering on Friday, March 13, 2004.  The speakers included supervisors from the foreign labor certification units of all the Midwest states, the certifying officer and senior analysts from the regional Department of Labor in Chicago and the Deputy Director and adjudications officers from the Nebraska Service Center. 

 

Here are a few important points from the meeting:

  • The Nebraska Service Center currently has one million, nineteen thousand (1,019,000) cases pending at its service center.

  • Productivity at the Nebraska Service Center has decreased in every petition type within the last year (except I-539 and I-824 cases) due to increased security checks and an emphasis on quality decisions.

  • The USCIS is initiating a pilot program to test the possibility of processing I-140 and I-485 cases concurrently within 75 days, although it is expected that this procedure will not be fully implemented until at least fiscal year 2005.

  • The "ability to pay" on I-140 cases is a difficult issue for the USCIS at this time and they are seeking guidance from the national headquarters of the USCIS on how to evaluate a company's ability to pay.

  • There is speculation that PERM might not take affect this year because the Office of Management and Budget may seek further changes from the Department of Labor.

  • The Nebraska Service Center does not have any plans to expedite I-140/Schedule A cases for nurses. 

  • The Nebraska Service Center will continue to process an I-485 case when a person moves to another jurisdiction. 

  • The Department of Labor is investigating the issue of "forum shopping" to ensure that the labor certification is filed where the person is performing the work or where the corporate office is located.  

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