USCIS National Stakeholder January Meeting
Q: Can USCIS provide updated numbers of VAWA, T, and U approvals and denials – including derivatives and adjustments? When does USCIS expect to issue regulations or guidance on TVPRA 2008 provisions?
USCIS will incorporate the TVPRA 2008 provisions into future T and U regulations. In the meantime, guidance about implementation of the TVPRA is in the final stages of the clearance process and will be issued soon.
Q: How are the H-1B1 numbers for Singapore and Chile counted? We know that the 6,800 numbers for this category are subtracted from the regular cap, reducing it to 58,200. Are the H-1B1 numbers being returned to the regular H-1B cap? If so, when and how many?
Q: We believe that USCIS accepts more H-1B petitions than there are cap numbers because of an assumption that a certain percentage of petitions will be denied or withdrawn. What is total number of filings that USCIS will accept this year to achieve the statutory number of H-1B approvals?
Q: What is the best way to resolve the repeated rejections of fees for Form I-90s? As an example, we filed a Form I-90 on 06/20/2009 with a money order of $370 which was returned and the application was denied for incorrect fee remittance. A second Form I-90 was filed on 7/10/09 with one check of $290 and another of $80 (total of $370 fee). USCIS returned the $80 check, stating it was an extra remittance and issued a receipt for $0. This application was then denied for not providing the proper fee. We have also filed the Form I-90 with a fee of $370 ($290 check + $80 check) and USCIS returned both checks ($290 and $80) as an unnecessary extra remittance and included a receipt of $0. We have called the NCSC and made INFOPass appointments on at least three occasions and have been advised it was not in their ability to resolve the issue. What is the proper amount to file and how can this situation be resolved if it occurs in the future?
Q: The issue of 14-year-olds is confusing with respect to the Form I-90.When submitting Form I-90 applications for teenage clients who are older than 14 years and 30 days and whose cards will not expire before their 16th birthday, we have checked box “g” (“I have reached my 14th birthday since my card was issued”) and sent the applications with the full fee of $370. In response, we have received rejection notices stating: “The applicant marked “g” in part 2, Question 2, as the reason for filing the Form I-90. This reason requires the applicant to have reached their 14th birthday since their permanent resident card has been issued and the current card will expire before their 16th birthday. Furthermore, applicants must file the form I-90, within 30 days of reaching their 14th birthday. Our records show the applicant either had not filed within 30 days of reaching his/her 14th birthday, or the current card expired after the applicants 16th birthday.
The local USCIS office we contacted has advised us to send the I-90s with the full fee of $370 and box “e” (“My name or other biographic information has changed since the card was issued”) checked. However, checking this box isn’t actually true for our clients, since nothing has changed about their biographic information. Giving teenage permanent residents just 30 days to replace their green cards in a free and straightforward way is a very short timeframe. What is the basis for this 30-day timeframe, as it is not referred to at all in the regulations? And would USCIS consider extending this timeframe?
The address for incorrectly rejected Form I-90 2.g. is:
The Form I-90 application instructions clarify that applicants must file an application within 30 days after their 14th birthday to replace a card issued before their 14th birthday. After 30 days, the applicant must file type 2.f.; as the 2.g. will not be accepted after the 30 day window has closed.
One reason that the 30 day window is required by the Form I-90 instructions is that the applicant has never been fingerprinted in the immigration process. Thus a 30 day window encourages the applicants to submit a Form I-90 and attend a biometrics appointment in a timely fashion. There are no plans to change this requirement at this time.
If the applicant is unable to meet this deadline then the applicant would need to file with fee under a different reason for filing.
Q: A service provider in Florida has noticed a growing problem with delayed biometrics notices for N-400 and I-485 applications. Some clients get their receipt notice and their biometrics notice within a few days of each other, but for other clients, the biometrics notice arrives as much as nine months after the receipt notice. For some clients, the only way to get the biometrics notice is to call NCSC after several months of waiting. Could USCIS send out a biometrics notice with every receipt notice for an N-400 or an I-485?
Q: According to current USCIS practice, when a green card is sent to an address, but the applicant does not receive it, and the package is not returned to USCIS as undeliverable, the client must pay a $370 fee to request another card. This is very difficult for indigent clients. Given the importance of this document, could USCIS institute a policy of sending green cards by certified mail, return receipt requested?
We have implemented the SMI process for re-mailing all permanent residence cards and booklets that have been returned to USCIS by the U.S. Postal Service.
However, due to funding challenges we are unable to implement this initiative for initially-issued cards until the fiscal picture for USCIS improves. We will certainly advise you when this changes.
Q: The cap on H1-B visas has been reached for both cap subject applicants and Masters degree holders for 2009. The Director of USCIS has regulatory authority to “bridge” the gap for F and J visa holders whose stay will expire before new visas are available on October 1, 2010 pursuant to 8 C.F.R. 214.2(j)(1)(vi). USCIS has already extended the bridge to F visa holders. Will USCIS also extend this bridge to J visa holders for 2010 as they did in 2000?
Last Reviewed/Updated: 01/27/2010