TSC Update – 06/03/09

Printer-friendly versionPDF version

Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled  

Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3  will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it  will forward he appeal  to the AAO.

Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled  

Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3  will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it  will forward he appeal  to the AAO.
 
Notices of revocation to be sent to Service Center having jurisdiction over a particular petition type  

If an employer wishes to withdraw a nonimmigrant petition approval issued by TSC the notices should be sent to the Service Center having jurisdiction over that particular petition type like the VSC or CSC.

New quality-check procedure has been implemented to prevent improper denials without RFE or NOID from being sent   

New quality-check procedure has been implemented to prevent improper denials without an RFE or NOID from being sent out. The first-line supervisor must review the proposed decision and concurs with the denial and later the ACD must also review and concur. According to the Neufeld Memo TSC examiners have the discretion to issue denials without RFE or NOID.  RFEs are right when a Document Summary states a specific document as submitted evidence, and that document cannot be located in the file at time of adjudication. The examiners have been requested to use common sense when issuing an RFE, NOID, or a straight denial.
Although some more generalized RFEs are appropriate in certain cases, and standardized language in RFEs is preferred, TSC reiterates that specific NOIDs are preferred over boilerplate RFEs, especially in EB-1 I-140s. In such cases, the officer has the discretion to call the Attorney of Record,  to rectify the discrepancy quickly, without the need for a separate RFE if a document appears to have been submitted from a Document Summary. If a 30-day RFE is issued and asks for documentation that must be obtained from abroad, the Attorney of Record can request more time, (up to the 84 day limit), as the initial response to the RFE. Also, TSC does not encourage submitting partial evidence, rather, all evidence in response should be sent at one time. Attorney of Record has to substantiate why the extra time is needed in such cases

Scheduling Biometrics

USCIS TCS will not be able to assign alternative ASC locations. This is because the system standardizes the appointments by ZIP code. Hence, applicants can visit alternative ASC locations complying those locations’ specific walk-in policies.

 Notices to Appear (NTA) upon Denial of I-485

TSC generally will hold a denied I-485 for 30 days, in accordance with USCIS policy concerning NTA issuance. The Center will look at a parallel waiting period for denied I-485s. In appropriate cases TSC waits 30 days before issuing an NTA, as a result of a denied I-140.

Agency: 
Nonimmigrant Visas: