These notes were taken by a member of NAFSA’s ISS-RP Regulatory Ombudsperson Subcommittee and have not been reviewed by the agency officials who participated. TSC reflect information provided by government officials in an informal setting. Liaison notes and summaries are best used as general information concerning current agency processes and policies, and it is important to recognize that agency processes and policies are subject to change. NAFSA notes and liaison summaries do not constitute legal advice.
The Texas Service Center (TSC) Open House took place with the Business Premium Team who adjudicates I-140 petitions (both premium processed petitions and the non-premium processed petitions) and the Adjustment of Status Team who adjudicates I-485 application and the ancillary I-765 and I-131 applications. These groups were formally combined and known as the Employment Based
Team but have now have been split into two teams – each of which is overseen by an associate center director.
I-140s
Q. What is the process that an I-140 undergoes at TSC from filing to adjudication?
A. The petition is receipted at the lock box. From there it goes to the file room where the file is assembled and it is placed on the “ready to work shelf.” Files are pulled from the shelf – oldest first – and assigned to officers for adjudication.
Q. Why is it that sometimes two petitions that are essentially the same and filed at the same time are sometimes adjudicated months apart?
A. One may have been missing initial evidence creating delay in the file room. There may have been an untimely response to an Request For Evidence in one of the cases.
Q. What do we do when a file has been “lost” for two years?
A. Call the USCIS National Customer Service Center . TSC should be able to prioritize these cases. If there is a fraud or national security concern, TSC will be unable to disclose that fact.
This can account for files that have been “lost” for a long time where customer service cannot explain the delay.
Q. Who determines when to issue a Request for Evidence (RFE) and where in the process does this happen?
A. Officers review the cases after they have been assigned and determine when to issue RFEs.
Note: This seems inconsistent with the statement above that delays can be triggered in the file room when initial evidence is missing.
Q. Your presentation indicated that for physician NIWs, qualifying service can occur in a VA Hospital, an
MUA, a HPSA or in a facility not located within an MUA or HPSA that is primarily serving underserved patients. It is our understanding that the facility must be a VA, or in an MUA/HPSA to qualify and that service in a facility not located in one those areas that treats underserved patients do not qualify. Can you please clarify?
A. You are correct. The facility must be a VA hospital or located in an MUA/HPSA. We will change the PowerPoint.
Page 1

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.
Q. Premium Processing for Multinational Manager/Executive (MME) I-140s was promised in June 2011.
Is there an update?
A. Awaiting permission from SCOPS in order to implement. Discussions on implementation have started and stopped several times since June 2011. There is nothing currently in the pipeline to implement premium processing for MME I-140s.
Q. Why are I-140s backlogged so far beyond the posted processing time? We’ve heard there was some significant turnover in personnel at TSC. Has that affected the processing time of I-140s?
A. TSC is aware of the issue and is in the process of filling numerous officer positions and retraining existing officers so TSC is capable of working on the I-140 processing lines. TSC have recently decreased processing times for multinational managers/executives by two months, extraordinary ability I-140s by one month and National Interest Waivers by one month. TSC anticipate that processing times will continue to decrease as they onboard more personnel and continue retraining and reassigning existing personnel.
Q. How long does the average officer spend reviewing an I-140 petition?
A. This varies on a case-by-case basis. Non-labor certification petitions typically take longer to review than labor certification petitions. Even then, the complexity of cases varies within each category. Officers are trained to review all evidence submitted, some EB-1 and NIW cases come in with several milk crates worth of evidence, that all has to be reviewed by the officer before a decision can be made.
Q. What tips can you give us for submitting petitions?
A. Submit all required evidence along with a clear cover letter and list of exhibits. You may wish to refer to the “ Tips for Filing Forms with USCIS ” section of our website.
Q. Some criteria, such as “major significance” in EB-11 petitions and the third prong of the NYSDOT test for NIWs require the officer to exercise a great deal of judgment and discretion. We have noticed inconsistencies in the way various officers adjudicate these subjective criteria. What steps has TSC taken to standardize the adjudication of these criteria? Does TSC compare denial rates of officers to see if there are outliers with a particularly high denial rate related to this type of criteria?
A. All officers receive the same training and adjudicate petitions on a case-by-case basis. There is oversight before every Notice of Intent to Deny (NOID) or denial is issued.
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.
Page 2

Q. We have received RFEs in NIW cases that are asking for evidence of sustained influence in the academic field and a similar level of citation to the beneficiary’s work throughout their career. Is sustained recognition a new requirement?
A. No. TSC considers the totality of the citation record in conjunction with other submitted evidence.
Q. If we notice a specific officer who seems to be repeatedly misapplying the regulations and making errant decisions is there anyone we can contact?
A. Contact the USCIS National Customer Service Center . A Customer Service representative will pass it along to the Business Premium Team. While interested in spotting trends, TSC does not want a deluge of calls every time petitioners receive decisions that TSC disagrees with. TSC is implementing measures to standardize RFE language, in the hopes that will curb this issue.
Q. A follow up question on officer processing. How many cases does the average officer process in a day and how long do officers spend on each case?
A. Everything is decided on a case-by-case basis. Times vary by case type and the complexity of the case.
Q. Can you provide us with a timeline for decreasing processing time for RFE responses?
A. TSC has spoken with HQ about the problem and requested additional resources. TSC cannot share precisely what resources have been requested or a timeline for implementing them.
Q. Is there anything that can happen during the data entry portion of the intake process that might lead to an RFE being issued before the case is assigned to an officer?
A. No, not for I-140s.
Q. When an I-140 is denied and the petitioner files a Motion to Reopen/Reconsider (MTR) or an Appeal, is that motion/appeal reviewed by the same officer who made the initial denial or is it assigned to a new officer?
A. MTRs are assigned to the same officer unless the officer is unavailable. Appeals are reviewed by the same officer. If TSC chooses not to re-open on a service motion, the file is transferred to Administrative Appeals Office (AAO). All denials are reviewed by senior immigration systems officers or supervisors before going out. This review includes a thorough review of all of the supporting evidence. Officers typically consult with colleagues before determining whether to send appeals to AAO or to re-open on a service motion.
Q. What does TSC mean by “subject matter expert?” Does TSC have experts by discipline (e.g., IT or
Geosciences) or are TSC expert in certain areas of the law?
A. For TSC, “subject matter expert” is an expert in a certain area of immigration law/procedure. TSC does not have subject matter experts in the various fields in which petitions are filed. TSC does, however, have resources to help them gauge expertise within various subject areas.
Q. Are officers assigned to teams based on case type or does everyone adjudicate all types of cases?
A. Some seniors are assigned to teams, but most officers are cross-trained and not assigned to any individual team. However, more seasoned officers tend to be assigned to EB-1 cases and some officers may have a “knack” for a particular type of case or complex cases and that person may be assigned to those case types as appropriate.
Page 3

Audience Comment: Due to backlogs, we are seeing RFEs requesting updates on some documents that were initially filed and may have gone “stale”. For example, we see requests for new tax returns, financials and W-2s. This can create a “loop” because RFE processing times are so slow that by the time the documents are submitted in response to the RFE, they have become “stale” again.
TSC Response: The Associate Center Director was unaware this was happening. He acknowledged this would be very frustrating for the petitioner and stated he would work with his team to see if he could reduce the instances of this occurring.
Q. If an I-140 is denied and the petitioner elects to re-file the I-140 using premium processing as opposed to filing an appeal, is there a mechanism to get the original ETA Form 9089 to the new I-140 file?
A. This would need to be flagged on the cover sheet so the contractor does not reject it.
Petitioners should bold the “A Number” of the file with the original ETA Form 9089 so TSC can find the original easily.
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. What are the “resources” you have for gauging expertise with specific subject areas?
A. TSC has various resources and cannot provide an exhaustive list. However, the resources include: precedent decisions, various agencies that can assist in determining educational requirements, contact with sister service centers and the USCIS intranet.
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. What is the best way to get the priority date from a previously approved I-140 petition assigned to a subsequently filed I-140 petition?
A. This should be flagged in the cover letter and you should bold the A Number from the earlier I-140 petition. Priority date transfer is an officer action, rather than a contractor action.
It is also helpful to note the earlier case information on the I-140 form itself. (Note: this should be done in Part 4 Question 6. The explanation should contain the case number and A Number from the I-140 containing the priority date you are trying to capture.)
Q. We are seeing information RFEs that must have come from the beneficiary’s DS-160 application that was filed with the embassy/consulate in their home country when they applied for their nonimmigrant visa as it was not disclosed in the I-140. Has there been a “push” to use this information/resource when adjudicating I-140s?
A. TSC officers are not trained to do this automatically. It is likely that there was information in the petition that triggered the officer to consult that resource.
Q. If a petitioner revokes an approved I-140 how does that affect the beneficiary’s ability to have the priority date reassigned to a subsequent I-140?
A. There is no effect unless the petition was revoked for fraud or misrepresentation.
Page 4

I-485
General Tips

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.

Provide complete answers to all questions on the forms. A large number of TSC RFEs are issued in response to missing or incomplete answers.

If an I-140 and an I-485 are concurrently filed, once the I-140 is approved, the I-485 is placed onto the “ready to adjudicate” shelf based on the date it was filed and then assigned in due course. It does not move to the head of the line and get assigned on the day the I-140 is approved.

When you wish to notify the adjustment of status team of special circumstances, you should email them at EBUPDATE.TSC@DHS.GOV
Examples of special circumstances include: o Porting jobs after an I-485 has been filed for more than 180 days o Multiple I-140s o When the applicant is seeking to claim cross chargeability based on a spouse’s country of birth o Notifying them when a priority date has become current

If you wish to transfer the basis of an adjustment of status (I-140 to I-130, I-360, I-526, etc.), you should send a written request explaining the nature of the change. The original I-485 must have remained pending at all times (no interim denial) and the applicant must remain eligible for both bases at all times (e.g., no age-outs, marriages, etc.).
Q. How long does one have to file the I-485 once the I-140 has been approved?
A. There is no time limit. You may file the I-485 at any time as long as the I-140 has not been revoked and the applicant continues to be eligible to adjust status.
Q. Is there a policy or procedure to keep an I-485 “alive” or “open” when an I-140 has been denied on a technicality in order to give the applicant a chance to refile a new I-140 and have it interfiled with the existing I-485?
A. There is no policy or procedure to do that. The I-485 should be denied since at the moment the I-485 is denied, the applicant lost the eligibility to adjust status. The TSC position is that there is no need for a policy on this because if the I-140 denial is due to service error, TSC can reopen the denied I-485 on a service motion.
Q. Who is required to submit a copy of the principal and derivative applicant’s marriage certificate?
A. The derivative spouse and any derivative applicants who are children of the primary applicant and derivative spouse.
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.
Q. May we submit copies of affidavits or do you need to have the originals?
A. Per 8 CFR 103.2(b)(4) photocopies are permissible.
Page 5

Q. Must we submit tax documents with the I-485? If we must, which documents are required?
A. Tax documents are not required as an initial requirement for Form I-485. However, it may be relevant as secondary evidence (e.g., maintenance of status). TSC will RFE for tax documents if needed.
Q. Can documents be self-translated by the applicant?
A. 8 CFR 103.2(b)(3) does not prohibit an applicant from self-translating if the applicant has certified the translation is complete and accurate, and the applicant has certified that he or she is competent to translate from the foreign language into English.
Q. If a US degree is written in Latin – as is common with many Ivy League schools – does it need to be accompanied by an English language translation.
A. Per 8 CFR 103.2(b)(3) “Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English.” In the case of US degrees written in Latin, no translation will be required if the English language transcript for the degree is submitted in conjunction with the degree.
Q. If an applicant who is subject to the INA 212(e) home residency requirement for certain J-1 visa holders files form I-485 with the Department of State letter recommending approval of the waiver of the
212(e) requirement but without the USCIS I-797 approval notice from USCIS, will the case be denied on that basis alone?
A. TSC is currently reviewing its policy in this issue. Future guidance will be coming.
Q. If an applicant was admitted to the U.S. in O-1 status shortly before filing the adjustment of status application, is the applicant likely to be considered to have had preconceived immigrant intent?
A. Consistent with 8 CFR 241.2(O)(13) and 9 FAM 41.55 Note 5.1, applicants in O-1 status are generally treated as having dual intent.
Q. Assume that an applicant has made a concurrent I-140/I-485 filing that has been denied. Also assume that the applicant no longer has an underlying non-immigrant status and the applicant has filed a
Motion to Reconsider the denied I-485. Does filing the MTR place the applicant in a Period of Stay
Authorized by the Attorney General (POSABAG) and toll the accrual of unlawful presence?
A. No. Filing the MTR does not place the applicant in a POSABAG and unlawful presence will continue to accrue while the MTR is decided. However, if the MTR is granted, the period of time between the denial of the I-485 and the approval of the MTR will not be counted as unlawful presence.
Q. If RFEs are issued for both the principal applicant and a derivative applicant, can the principal applicant’s application be approved before the derivative applicant responds to the RFE?
A. Yes. It is at the officer’s discretion whether to approve the principal applicant’s application or wait for the derivative applicant to respond. In some instances, the officer may elect to wait for the derivative applicant to respond to the RFE to see if the RFE response contains information that is adverse to the principal applicant’s application.
Q. If an adjustment of status applicant travels outside the United States after filing for advance parole but before it is approved, will their application be denied due to abandonment?
Page 6

A. Advance parole must be approved (not just filed) before the applicant may travel outside of the United States unless the applicant meets the exception for certain person in H-1B/H-4, L-
1/L-2, K-3/K-4 or V nonimmigrant visa status. [8 CFR 245.2(a)(4)(ii)(C)-(D)]. Officers do check the U.S. Customs and Border Protection and other systems to look for international travel prior to approving an I-485.
Q. We know the medical exams are valid for one year, and the exception allowing them to remain valid beyond one year has passed. There remains a question as to whether the exams are valid for one year from the date it was signed by the physician, or one year from the date it is submitted to TSC. Can you clarify?
A. Exams must be submitted to TSC within one year from the date it was signed by the physician. Once exams have been submitted to TSC, it remains valid for one year from the date it is received by TSC.
Q. If we know that a medical exam is aging out, is there a process to expedite the application?
A. No. TSC is working on a system to capture the Form I-693 data in the data management system, but it is not in place. TSC noted that if you see an RFE for a medical exam on a case that has retrogressed and you think the medical exam is still valid for few months to please respond to the RFE right away. TSC is looking at the visa bulletin and RFEing for a medical exam in advance of where they think the priority dates will be in a few months. TSC’s goal is to have a complete file in the month the priority date becomes current.
Q. In light of the ruling in Matter of Lee (note: this is an unpublished BIA decision reversing the denial of the adjustment of status application for an E-2 spouse that worked without obtaining an EAD) will TSC still deny I-485s if an E-2/L-2 did not possess a valid EAD at all times they were employed in the United
States?
A. While there is no official policy on this as of yet, TSC is no longer denying I-485s on this issue.
Q. Are you concerned about the new Form I-485 and that fact that it is more than 20 pages long?
A. Yes, TSC has some concerns about the length and complexity of the new form. However,
TSC is hopeful that due to the increased level of detail in the new form that fewer RFEs will be required.
Customer Service
Tips:

The address for sending documents by courier to accompany e-filed I-140s is:
USCIS#TSC
Attn E-Filed I-140
4141 N. St. Augustine Dr.
Dallas, TX 75227-4818

The address for withdrawing an I-1485 is:
USCIS Texas Service Center
P.O. Box 851488
Mesquite, TX 75185-1488

The address for withdrawing as a representative is:
USCIS Texas Service Center
Page 7

P.O. Box 850891
Mesquite, TX 75185-850891

The address for adding a document to a pending file is:
USCIS Texas Service Center
P.O. Box 850891
Mesquite, TX 75185-850891

50% of RFEs on I-485s are for documents not submitted. Prepare each application as a standalone application that will go to a different officer than the other application in a package. This means birth certificates, marriage certificates, I-94 cards, etc. for each application. Do not expect TSC to make copies of a particular document(s) in one application to include in an accompanying application. TSC will RFE rather than make copies.
Q. Why is it that documents are mailed to an old address months after the applicant has submitted an
AR-11 updating their address?
A. While submitting the Form AR-11 satisfied the requirement found at INA 265, there is a separate requirement to update the address on pending applications. This is most easily accomplished by using the online system https://egov.uscis.gov/coa/displayCOAForm.do
Q. What happens when a service request is made on the phone or online?
A. The customer service officer will give as much information as possible and do what can be done to resolve the issue. If customer service is unable to resolve the issue, the officer will refer it to the appropriate Service Center or District Office where it enters the queue. Service requests are assigned from the queue on a daily basis.
Q. Do service request go the officer adjudicating the case?
A. Service request go to customer service officers not to the adjudicating officer.
Q. What is the best way to expedite an EAD or Advance Parole?
A. Call the national customer service number and have an expedite service request issued. The expedite request will be routed to a TSC customer service officer who will determine if the expedite criteria have been met.
Q. What is the best way to fix a typo?
A. Call customer service for a service request. A TSC customer service officer will pull the file to see if they can make the change. If unable to make the change, the request will be forwarded to the service center’s point of contact for the form in question.
Q. If an EAD is lost in the mail must the applicant re-file with fee for a replacement?
A. Yes, the applicant must re-file with fee.
Q. Will the “card push” (when LPR card not issued following entry on an immigrant visa) or the
“streamline” (for notifying when a retrogressed priority date has become current) email address be reinstated?
A. TSC will pass along that we (stakeholders) have requested the email address’s return, but there is no current plan to reinstate the email address.
Page 8

Q. If we receive a reply to a service request that is non-responsive and does not contain information specific to the case in question, must we wait to follow up?
A. After 30 days, you may follow up with the NCSCFOLLOWUP.NSC@DHS.GOV
email address.
Q. If an applicant’s name changes after an I-485 application is filed and applicant wishes to update the form to reflect the name change is it possible to do this without making a written request?
A. No. The applicant must make a written request and submit the appropriate supporting documents (e.g., marriage certificate, court order, etc.) with the request. If the application is approved before the name change request is processed and the card is issued in the old name, the applicant will be required to submit Form I-90 with fee to have a card issued in the new name.
Q. The lockbox claims it is unable to issue duplicate receipt notices if a petitioner does not receive a receipt notice. Can customer service issue duplicates?
A. They cannot, but the lockbox can. TSC was unaware that the lockbox was stating it could not issue duplicate receipt notices. TSC will follow up with the lock box and develop a mechanism for issuing duplicate receipt notices.
Q. If an EAD is issued with incorrect information, must the card be returned and may the employee still work while the new card is being issued?
A. The card must be returned. If you are certain that the incorrect information is due to service error, the card can be returned to the Case Resolution Unit (CRU) at:
USCIS Texas Service Center
Attn: CRU
P.O. Box 851488
Mesquite, TX 75185-1488
TSC will pull the file and if the mistake was due to Service Center error, a new card will be produced. If TSC determines that the mistake was not due to Service Center error (e.g., incorrect information on the form), the card will be returned and the applicant will need to refile I-765 with fee. Whether the applicant may continue to work while the issue is resolved is matter between the applicant and their employee.
Q. What should we do if the applicant should have a received a combination card for EAD and Advance
Parole but only receives the EAD?
A. If you have verified that the Advance Parole application was approved, and that it was not processed separately (i.e., issued independently as they were in the past), follow the CRU process outlined above.
Page 9