VSC Stakeholders Meeting Questions August 20, 2009

VSC Stakeholders Meeting Questions

August 20, 2009

H-1B petitions

1. H-1B cap cases

Can you provide an update on the processing of H-1B cases subject to the FY2010 cap?

Website for Counting Days

Getting Criminal Records from Any State

State Issued Criminal History Clearances

This list was downloaded from the USCIS in early December 2008by Thomas Esparza, Jr. 

Board Certified Specialist Immigration and Nationality Law

Austin, Texas {tom@tomesparza.com}

This listing is provided as a courtesy. The USCIS is not responsible for any changes or updates made by local authorities. If you have any questions please contact the appropriate local authority.

 

Alabama

State of Alabama - Department of Public Safety

Bureau of Investigation Identification Unit

P.O. Box 1511

Montgomery, AL 36192-1511

Tel: (334) 353-1172

www.dps.state.al.us/public

Alaska

Alaska Department of Public Safety

Attention: Criminal Records and Identification

5700 East Tudor Road

Anchorage, AK 99507

Tel: (907) 269-5511 www.dps.state.ak.us/statewide/background

 

Arizona

The AZ Dept of Public Safety disseminates State

criminal history record information pursuant to State

Law ARS-41-1750. Current law does not grant the

Dept the authority to disseminate State Criminal

History Record information or a State Criminal Clearance Letter to a person for the purpose of providing it to another entity for immigration. However a person may submit a set of his or her fingerprints to the Federal Bureau of Investigation (FBI) for a Criminal Record Check to determine if the person has any reported charges from the States to the FBI.

Tel: (602) 233-2222

www.azdps.gov/report/criminalhistory

 

Arkansas

Arkansas State Police Identification Bureau

One State Police Plaza Drive

P.O. Box 5901

Little Rock, Arkansas 72209

Tel: (501) 618-8500

www.asp.state.ar.us

 

California

California Department of Justice Bureau of Investigation

Attn: Record Control Section

P.O. Box 903417

Sacramento, CA 94203-4170

Tel: (916) 227-3849 http://ag.ca.gov/fingerprints

   

Colorado

The Colorado Bureau of Investigation

690 Kipling Street, Suite 3000

Denver, CO 80215

Tel: (303) 239-4208 www.cbirecordscheck.com

 

Connecticut

The State of Connecticut Department of Public Safety Bureau of Identification

1111 Country Club Road Middletown, CT 06457

Tel: (860) 685-8480

www.ct.gov/dps/

 

Delaware

Delaware State Police

State Bureau of Identification

P.O. Box 430

Dover, Delaware 19903

Tel: (302) 739-5880 www.state.de.us/dsp

District of Columbia

Metropolitan Police Headquarters

Henry J Daly Building

300 Indiana Avenue N.W., Room 3055 Washington D.C. 20001

Tel: (202) 727-4245 www.mpdc.dc.gov/mpdc/cwp

 Florida

Florida Department of Law Enforcement USB/Public Records

P.O. Box 1489

Tallahassee, FL 32302

Tel: (850) 410-8109 www.fdle.state.fl.us/criminalHistory

 

Georgia

Georgia Crime Information Center

Computerized Criminal History Operations

P.O. Box 370748

Decatur, GA 30037-0748

Tel: (404) 244-2639

http://gbi.georgia.gov

 

Hawaii

Department of the Attorney General Kekuanao’s Building

Hawaii Criminal Justice Data Center

465 South King Street, Room 101 Honolulu, HI 96813

Tel: (808) 587-3100 www.Hawaii.gov/ag/hcjdc

 

Idaho

Department of Law Enforcement Criminal Identification Bureau

P.O. Box 700

Meridian, Idaho 83680-700

Tel: (208) 884-7130 www.isp.state.id.us

 

Illinois

The Illinois State Police

Bureau of Identification

260 North Chicago Street

Joliet, IL 60431-1060

Tel: (815) 740-5216

www.lsp.state.iI.us/crimhistory/crimhistoryhome.ctm

 

 

Indiana

Indiana State Police

Criminal History Limited Check Indiana State Police

P.O. Box 6188

Indianapolis, IN 46206

Tel: (317) 233-5424 www.in.gov/isp//ch

 

Iowa

Iowa Division of Criminal Investigation

DCI Records & Identification Bureau

215 East 7th Street

Des Moines, Iowa 50319

Tel: (515) 725-6066

www.dos.state.ia.us

 

Kansas

Kansas Bureau of Investigation

Attention Criminal History Records Section 1620 S. W. Tyler Street

Topeka, Kansas 66612-1837

Tel: (785) 296-8200 www.kansas.gov/kbi/criminalhistory

 

Michigan

The Michigan State Police

CJIC Identification Section

Criminal Records Division General Office Building

7150 Harris Drive

Lansing, MI 49813

Tel: (517) 322-1956

www.michigan.gov

 

Minnesota

Dept. of Public Safety

Bureau of Criminal Apprehension

CJIS Section

1430 Maryland Ave

St. Paul, MN 55106

Tel: (651) 793-2400

www.dps.state.mn.us

 

Mississippi

Records and Identification Division Criminal Investigation Bureau Department of Public Safety

P.O. Box 958

Jackson, MS 39205

(601) 987-1564

www.dps.state.ms.us

New Jersey

Division of State Police

Attention: Criminal Information Units

P.O. Box 7068

West Trenton, NJ 08628-0068

Tel: (609) 882-2000 ex: 2918

www.ni.gov

 

New Mexico

Dept. of Public Safety

Attention Record Section

P.O. Box 1628

Santa Fe, NM 87504-1628

Tel: (505) 827-9181 www.dps.nm.org/lawEnforcement

 

New York State

Record Review Unit

NYS Division of Criminal Justice Services 4 Tower Plaza

Albany, NY 12203

Tel: (518) 485-7675

http://criminaljustice.state.ny.us

 

North Carolina

Contact the Clerk of the Court for each County in

which residence occurred.                                                                                                                                  .

Tel:(919) 716-6725

www.ncsi.gov

 

 

South Dakota

Division of Criminal Investigation

1302 East Highway 14, Suite 5

Pierre, SD 57501

Tel: (605) 773-3331

www.dci.sd.gov/administration/id

 

Tennessee

Tennessee Bureau of Investigation

Tennessee Criminal History Information Request

901 R.S. Gass Blvd

Nashville, TN 37216

(615) 744-4057

www.state.itn.us/tbibackgrounds

 

Wyoming

State of Wyoming Division of Criminal Identification

316 West 22nd Street

Cheyenne, WY 82002

Tel: (307) 777-7181

http://attorneygeneral.state.wy.us/dci/Index.htm

 

Federal Bureau of Investigation

Criminal Justice Information Services Division

Attn: SCU, MOD, D2

1000 Custer Hollow Road

Clarksburg, WV 26306

Telephone: (304) 625-3878

www.fbi.gov

 

Summary of State Bar of Texas meeting with top CDJ Consular Officials

Summary of State Bar of Texas meeting with top CDJ Consular Officials
April 24, 2009
Camino Real Hotel – El Paso, Texas

download hd the last airbender

Laura Dogu, Deputy Consul General said:
• Visa floor (1st floor) has 87 windows, USC services floor (2nd floor) has 22 windows
• Goal is to get applicants in and out within one hour (not yet accomplished!)
• City of Juarez is building new holding center next door (to get people off the street),
but it’s not done yet. They will eventually have places to sit in this climate-controlled
facility, probably parking, and snacks/drinks. They are in talks about whether this
facility would organize the appts by hour, and then when CDJ radios over that they’re
ready for the next group, this facility would send them over. This is just in the idea
stages right now.
• CDJ is largest U.S. Consulate in the world
• PER DAY, CDJ processes 800 to 1200 IVs, 1000 NIVs, 70 to 150 waivers, & 50 to 100

USC services/Federal benefits
• In 2008, CDJ processed 150,000 IVs and 130,000 NIVs (a record year for them) and
they caught up on their backlog. This means that all IVs that come through NVC are
immediately scheduled for IVs in CDJ.
• CEAC form DS-160 has been released recently – being used in CDJ for NIVs (but NOT
for Ks! K1s are to continue bringing duplicate DS-156s and DS-156K and K3s are to
bring duplicate DS-156s.)
• Eventually they want to make the DS-230s electronic, but not yet.
• Applicants are to arrive 15 mins prior to time of IV. They have a problem with

applicants/family members standing in crowds in front of the Consulate – Attys should
encourage clients NOT to arrive more than 15 mins early for IV!! Paseo de la Victoria
is a busy 6-lane street (two-way traffic)!
• There are greeters outside to help deal w/the applicants who arrive early. They send

them inside to the security office, where they are issued a numbered ticket.
• As of June 1, 2009, all USCs must have a passport (or passport card if traveling by
land).

• New CDJ Inquiry form on their website – seems to be working pretty well. If they
can’t answer the question right away, they send an email that they are researching
the case and will get back to you.
• To reschedule an IV, you must call the CDJ Call Center.
• If you have Qs about a pending I-601, you must contact Warren Janssen’s unit directly
(cdj.uscis@dhs.gov).
• CDJ prefers that applicants NOT pay in cash. They would rather the applicants pay

with U.S. Postal Service money order or Visa/Mastercard/Discover/Diners/American
Express. You can get prepaid credit cards or visa gift cards, and they encourage this.
They will take cash, but prefer not to because of security/safety reasons.
• Medical clinics now accept Visa/Mastercard, either credit or debit cards, and prepaid
international Visa/Mastercards (no Discover card or Diners card)
• Administrative processing can mean all sorts of things. A special team does NIV & IV
admin processing. Once the admin processing is done, check the website for your
case number, and then you can go back to CDJ to the Info Window at the front of the
Consulate.
• Don’t come too early, don’t bring family, don’t bring thumb drives (or any other
electronic device)…look at list of items not allowed in, because if you bring them, you
have two options: 1) return to your hotel to leave the item, or 2) you lose it! CDJ
does not have the capability to hold it for you.
• There is a parking lot across the street in the Centro Comercial. Apparently there are
lockers somewhere over there for rent if your hotel isn’t nearby and you have
belongings that are prohibited from CDJ.
• Fraud Prevention Unit….all FPUs from Mission Mexico (meaning all the Consulates in
MX) now work together. If CDJ has a case in another state in MX, they box up the
case and send it to another Fraud unit that’s closer to do the investigation.
• If your case lands in the FPU and it’s a birth issue, CDJ likes to speak with the birth

mother. Communicate w/CDJ to schedule an IV for the birth mother to come in and

speak with a Consular Officer. (FPU schedules appt.)
Roger Rigaud, Director of NIV Unit said:
• CDJ still processes some Third Country Nationals when renewing H/L/Es, but no more
new Es for TCNs.
• Mission Mexico comprises of 11 U.S. Consulates
• Several big changes:
o Switch to DS-160 (since 1/20/09) – responses MUST be in English, must
complete form as thoroughly as possible, only need to bring confirmation
sheet to NIV. Are still working out the bugs in this form.
o Shift to Applicant Service Center (ASC – the location of the old US Consulate).
Right now they have a next-day policy, meaning go in for biometrics at ASC on

one day and have NIV the next day. Soon will do same day service. $26 for
photo/IV/DHL. Take to NIV: receipt for $26 and receipt from Banamex for
$131 NIV fee. Computer Sciences Corp runs ASC. Call CSC to schedule appt
for biometrics. Appt takes 9-15 minutes, so applicants can do it on their lunch
hour or before or after work. Hours of ASC are 7 AM to 6 PM.
o Administrative Processing: see more info above in Laura Dogu’s section.
o NIV also use the pass back system (DHL), so when the applicant goes to the
ASC for biometrics, he/she checks in at the DHL counter to leave an address
where the DHL packet can be sent. Right now, it’s only within Mexico.
Santiago Burciaga, Director of IV Unit said:
• Now have Courier (DHL) pass back of docs. Pay DHL after waiver IV and leave
Consulate. DHL can only deliver to two DHL offices in CDJ at the moment, but they
are working on opening up more options, like to the applicant’s home in MX. DHL’s
800 number tells them which of the two DHL offices in CDJ has their docs.
• Two medical clinics – one at old location, and one at new location. 8-10 doctors and 2
panel psychologists at each one. Are building new medical clinic directly behind the
Clinica Medica Internacional (at the new Consular location), but it’s not open yet. The

old Medical Clinic will move there once the building is ready. Children ages 2 to 14
must plan to do medical exam FOUR days prior to IV because of TB skin test. TB skin
test must be read in 72 hours, which means that they do not do these exams on
Thursdays since it would have to be read on a Sunday, and they are not open
Sundays. They are open Saturdays though, so they will do child medicals M-W and F.
• If applicant has been arrested, CDJ wants arrest reports AND final court dispositions,
not just the court docs.
• If the applicant is 221(g) (missing docs), and if the Officer doesn’t need to speak with
the applicant again, can just drop off docs at Info Window at the front of the
Consulate, and they’ll get their visa thru DHL pass back.
• See Paul Virtue memo re: 212(A)(9)(c) issues for minors – CDJ is taking a tough line
on these minors, unlike before.
• NVC now does all CDJ’s scheduling for initial IVs.
• If a petitioner who is living in MX legally wants to file I-130 for spouse, must do so at
the U.S. Consulate that has jurisdiction over where he/she actually lives (in MX), such
as MX City, Monterrey, etc. CDJ will accept I-130s if the petitioner lives within their

jurisdiction. I-130s filed at the Consulate are usually processed within 30 to 90 days.
They do require evidence from PR that he/she is legally living in MX (such as utility
bills, rent receipts, etc.)
• Check stateside if a child can derive citizenship from a parent before filing the I-130
and proceeding to Consular Processing. Saves the IV unit time!
• I-601 waivers: If the applicant is denied for an IV because of unlawful presence (or

whatever other reason) and qualifies for a waiver, the Consular Officer will give them
written instructions on how to file waiver. Call CDJ Call Center 48 hrs after IV to
schedule the appt. Day of IV: show confirmation sheet to greeters outside, then go
straight to Cashier inside Consular building to pay $545. Then take a number and wait
to talk to FSN (Foreign Service National) who will check waiver packet to make sure it
is complete. The FSN passes the case on to a CIS Officer who will adjudicate the case
the next day. It is currently taking about 4 business days to receive decision by DHL.
• 18 to 20% of cases are found ineligible for an IV
• ~60% are NOT represented by an atty!
• ~85% of petitioners accompany applicant to CDJ (but are NOT let into the Consulate
unless specifically requested for some reason)

Warren Janssen, Field Office Director for USCIS (I-601 waivers)
• Added 2 new AOs (Adjudications Officers) to Waiver Unit in 2008. Now have a total of
4 AOs.
• There are 9000 to 10,000 pending referred waivers right now!!!
• International Affairs is building new branch office in Los Angeles solely to help CDJ
adjudicate waivers!!!!! Will have 8 new AOs and CDJ will send lots of their pending
referred waivers to LA. In future, the LA office will also support other Posts who need
assistance with adjudicating waivers, so it is permanent.

• As of 6/1/2009, CDJ will send approximately 4000 referred waivers to the Miami
Asylum Office for additional help in adjudicating backlogged waivers. This is just a
temporary solution for just a few months whereas the LA office is permanent.
• LA office will have all new hires. Majority of AOs are asylum officers, and all (including
Miami office) will receive specialized training in adjudicating waivers. Training to start
in a few weeks.
• Goal: process referred waivers within 6 months or less, but might not reach goal until
the end of 2009.
• Best to send translations of any docs not in English since the AOs might not speak
Spanish. They will try to have at least one in LA that speaks Spanish.
• Pilot Program Same Day/Next Day adjudications is permanent fixture now!
• 50% of cases are approved with pilot program.
• Mexico City has been helping adjudicate backlogged waivers. Approval rate is 30%.
• When FSN goes over waiver packet w/applicant, will ask applicant Qs about unlawful
presence dates, and maybe a few other Qs for clarification
• Atty/petitioner will probably NOT be notified if/when case is transferred to LA or Miami

• If we need to mail more evidence of hardship, should just continue to send it to P.O.
Box in El Paso, and it should get forwarded on to LA or Miami (wherever case has been
TF’d)
• CDJ processes about 100 waivers per day (with 3 Officers) – not enough to keep up
with demand. That’s why it’s taking several days to receive decision by DHL.
• 2 month backlog before applicant can get waiver IV (from date of IV)
• 19,000 waivers were processed in 2008.
• An atty asked Janssen what constitutes a good waiver, and he was reluctant to
answer, but did give us this:
o Medical issues are typically the strongest factor
o Family ties in the U.S.
o Ability to relocate to Mexico
o Psych evaluations are given some weight (depending on what they cover in
the eval)
o Financial issues (when combined with other factors)
o Psych issues that stem from separation of applicant and USC/LPR spouse are
given less weight than pre-existing psych issues (so if your petitioner has a
history of depression, include supporting docs of this!!)

Requirements for H-1B Beneficiaries Seeking to Practice in a Health Care Occupation

U.S. Citizenship and Immigration Services
Service Center Operations
Washington, DC 20529-2060

 
May 20, 2009

 
Memorandum

TO: Service Center Directors

FROM: Barbara Q Velarde /s/

Chief, Service Center Operations

SUBJECT: Requirements for H-1B Beneficiaries Seeking to Practice in a Health Care

Occupation.

1

Purpose

This memorandum clarifies the standards for adjudicating H-1B petitions filed on behalf of

beneficiaries seeking employment in a health care specialty occupation.

Adjudicators, as a starting point, can consult the U.S. Bureau of Labor Statistics’ Occupational

Outlook Handbook (OOH) to determine whether the position being offered qualifies as a

specialty occupation as defined by Section 214(i)(1) of the Immigration and Nationality Act

(INA or Act), consistent with the requirements found in INA 214(i)(2). Adjudicators should be

mindful, however, that in certain instances, other authoritative sources exist that indicate whether

the position in question qualifies as a specialty occupation (e.g., State licensing board standards).

Thus, the OOH is not determinative in all cases. Whenever more than one authoritative source

exists, an adjudicator should consider all of the evidence presented to determine whether a

beneficiary qualifies to perform in a specialty occupation. Specific guidance on health care

occupation standards is included below.

Guidance for Petitions in Which the Beneficiary Is in Possession of a License2

This guidance applies to H-1B beneficiaries in possession of either an unrestricted or a restricted

license to practice a health care occupation in the state of intended employment. If the petitioner

provides documentary evidence that the beneficiary has a valid license to practice a health care

1

For purposes of this memorandum, “health care occupation” refers to those professions enumerated under 8 CFR

212.15(c)

and meet the definition of specialty occupation, as defined at 8 CFR 214.2(h)(4)(ii)(4

).

2

If the beneficiary has a license to practice the health care occupation in a state other

than the state in which he/she

will be working, the adjudicator should refer to the section of this memorandum entitled “Guidance for Petitions in

Which the Beneficiary Is Not in Possession of a License”.

May 20, 2009

U.S. Citizenship and Immigration Services

Service Center Operations

Washington, DC 20529-2060

http://www.ilw.com

ILWCOM

PROVIDED BY

The leading

immigration

law publisher

Guidance on Determining the Requirements for Beneficiaries Seeking H-1B Nonimmigrant

Visas to Practice Health Care Occupations in the United States

Page 2

occupation in the state in which the beneficiary will be employed, the adjudicator should not

look beyond the license. The beneficiary will be considered to meet the qualifications to perform

services in a specialty occupation as outlined in 8 CFR 214.2(h)(4)(iii)(C)(3). However, the

petitioner will still need to provide evidence that the beneficiary is admissible under Section

212(a)(5)(C) of the Act.

3

This guidance applies regardless of whether the beneficiary is in possession of a bachelor’s

degree, master’s degree, or doctoral degree in the health care occupation.

If the beneficiary is in possession of an

unrestricted

license, and the petition is otherwise

approvable, an adjudicator should approve the petition for the full H-1B period requested — up to

three years — but may not approve the petition beyond the validity of the labor condition

application (LCA). Please be advised most states require a license to be renewed periodically. If

the beneficiary is in possession of an unrestricted license, the renewal date should not be

considered when determining the validity period of the approval.

If the beneficiary is in possession of a

restricted

license (e.g., license approved except for

mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should

approve the petition for a period of one year, or the duration of the restricted license, whichever

is longer.

4

Guidance for Petitions in Which the Beneficiary Is Not in Possession of a License

In order to perform in a health care occupation, the beneficiary must obtain a license from the

state in which he/she will be working. As such, the beneficiary must meet the licensure

provisions for H classifications.

5

If the petitioner states that the beneficiary cannot obtain a

license to practice the health care occupation in the state in which the beneficiary will be

employed due to the fact that the state’s statutes mandate possession of a social security card

6

and/or a valid immigration document as evidence of employment authorization,

7

the adjudicator

must ascertain the requirements for licensure (including educational degree requirements) in the

health care occupation in that state to determine whether the beneficiary is qualified to perform

3

All aliens who wish to enter the United States to practice in a health care occupation other than as a physician must

be found to be admissible under Section 212(a)(5)(C) of the Act. If the petitioner fails to provide evidence that the

beneficiary received a certificate from a recognized credentialing organization as outlined in 212(a)(5)(C) of the

Act, the beneficiary may still qualify for classification as an H-1B non-immigrant. If the beneficiary is seeking to

extend status or change status, and the petitioner fails to provide the requisite credentialing evidence, the request for

extension or change of status should be denied as the beneficiary is inadmissible under Section 212(a)(5)(C) of the

Act. If the beneficiary is seeking a non-immigrant visa at a consulate, Department of State (DOS) must be informed

of the potential inadmissibility issue.

4

See 8 CFR 214.2(h)(4)(v)(E)

5

See 8 CFR 214.2(h)(4)(v).

6

See Memorandum From Thomas E. Cook, Acting Assistant Commissioner, Office of Adjudications, INS, “Social

Security Cards and the Adjudication of H-1B Petitions,” HQ 70/6.2.8 (November 20, 2001).

7

See Memorandum From Donald Neufeld, Deputy Associate Director, Domestic Operations, USCIS “Adjudicator’s

Field Manual Update: Chapter 31: Accepting and Adjudicating H-1B Petitions When a Required License is not

Available Due to State Licensing Requirements Mandating Possession of a Valid Immigrant Document as Evidence

of Employment Authorization,” HQ 70/6.2.8 (March 21, 2008).

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