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.