ISD Liaison Minutes
(6/27/02)
Cite as "Posted on AILA InfoNet at Doc. No.
02071544 (July 15, 2002) ."
Summary of ISD Teleconference of June 27, 2002
By Fran Berger, Chair, AILA ISD Liaison
- The issue of the employer’s ability to pay the wage
offered in the I-140 context and how to prove it regularly arises. We propose the
following to resolve some of these cases:
Where the petitioning employer has issued a W-2 form(s) to
the beneficiary which reflect(s) that the beneficiary has been paid the wage offered in
the year the application was filed or immediately thereafter, the presentation of the W-2
form(s) should be accepted as sufficient evidence of the employer’s ability to pay
the wage offered, absent information to the contrary. Please confirm your agreement.
The Service Centers agree that in “some”
situations submission of W-2 forms confirming that beneficiary has been paid the wage
offered will resolve the issue of ability to pay.
- We understand that IBIS is a name check and that common
names are likely to result in an IBIS “hit”. In order to avoid the delays
created by such a “hit”, we now understand it would be useful for your offices
to have additional identifying information on the subject individual, some of which might
be included on a copy of a driver’s license. Please clarify the identifying
information that would be helpful to you in this regard.
A physical description and copies of certain documents
(such as drivers license, social security card, passport pages showing number of passport,
biographical/ physical information and U.S. visas) would be helpful.
- An Information Officer at one Service Center recently asked
for an attorney’s date of birth in connection with a request for a duplicate Notice
of Approval. According to the Information Officer, the Service Center had received a
memo from INS Headquarters that added the names of employers/petitioners and attorneys
whose names appear on a petition to those individuals requiring the IBIS security
check. In recent meetings, we were advised that there would be no IBIS clearances
required on these additional individuals. Please confirm the current policy on IBIS
checks for attorneys and corporate petitioners whose names appear on petitions.
ISD again confirms that the Service will not be doing
IBIS clearances on attorneys and/or corporate petitioners who are signing forms.
However, they will do IBIS clearances on individual petitioners. If you are asked
for a date of birth for the attorney or corporate petitioner, you can respond by
indicating that HQ has confirmed that INS is not running IBIS checks on attorneys or
individuals signing for corporate petitioners.
- In a recent ISD call, we discussed completion of Form AR 11
as well as advising INS of a change of address when an application/petition is pending
with the Service. It was stated that, where an application or petition is pending,
the applicant or beneficiary should advise the INS office where the application or
petition is pending of the address change using the preferred method of that INS
office. Members are now concerned that in order to comply with Section 265, Form AR
11 would also be required. On related facts, would the filing of an I-129 petition
or an I-539 application with a new address satisfy the change of address notification
requirement? What about indicating a new address on an I-94 arrival document?
Please clarify.
Section 265 does require completion of Form AR 11 on
all changes of address. In addition, advising the INS offices of changes of address,
as described above, using the preferred method of notice of each office, is necessary for
pending petitions/ applications.
- At a Benefits liaison meeting held during the past year, we
were advised that an I 129 petition filing should not be rejected for improper completion
of Form I 129W. At least one Service Center has rejected filings where there is an
issue on the I-129W. Please confirm that petitions should be accepted and fee
receipted where there is an I 129W question and clarification should be requested at a
later time.
The Service is unable to say that an I-129 petition
filing should never be rejected due to an issue on the I-129W. If contractor is
unable to determine the proper fee, a petition filing will be rejected. If
contractor is unable to comply with data capture responsibilities, a petition may be
rejected. Therefore, there will be instances where petitions are rejected.
- Please confirm our understanding that, pursuant to the I-485
SOP, all Service Centers will immediately call for an I 140 petition when an I-485 is
filed with a Service Center, but the petition was previously forwarded to the NVC for
consular processing.
A change to the SOP has been forwarded to the field
confirming same.
- Many H-1B petitioners/employers regularly give notice to the
INS Service Centers when the H 1B employment has terminated and Service Centers routinely
send a letter acknowledging receipt of the petitioner’s notice. Can you remind
the Service Centers to reflect the names of both petitioner and beneficiary on these
letters?
Service Centers have been reminded.
Submitted by Fran Berger
Approved by Steve Bucher for ISD |
