UPDATE ON NSC RFE AND DENIAL ISSUES

by Marketa Lindt and Kathy Moccio, AILA-NSC Liaison Committee

Over the past six months, the NSC Liaison Committee has been working with the Nebraska Service Center to address its issuance of an unprecedented number of RFEs and denials that contradict established Nebraska Service Center policy. 

Problem RFEs:  Many of the more than 160 RFEs and denials focused on H-1B applications for computer and high-tech positions.  In some, the Service concluded that computer positions determined to be for "programmers" or pertaining to "business applications" were not specialty occupations.  Others were boilerplate RFEs that requested large amounts of evidence, such as time spent on various tasks.   Other RFEs disregarded credential evaluations and other submitted evidence.

NSC commitments at liaison meeting in Lincoln (11/2/00): Thanks to AILA members’ submissions of problematic RFEs, the NSC Liaison Committee can now report on some progress on the NSC RFE situation.  On November 2, 2000, at the NSC Liaison Meeting in Lincoln, the H-1B supervisor announced that the Service had developed a checklist to ensure uniform review of H-1B cases.  (Click here to view checklists.)  Also, the Service committed to pull from use some of the burdensome RFE language, such as "boilerplate" RFEs regarding speculative employment and unspecific "fishing expedition" RFEs that merely restate the law.  However, the Service also informed AILA that NSC is increasingly reluctant to accept credential evaluations that evaluate work experience for a bachelor's equivalency unless the organization or person is authorized to give college credit for experience.

Results of NSC file review of problem cases: Following the November 2, 2000 meeting, the NSC began to conduct an internal review of the cases that AILA members had submitted to the NSC Liaison.  The following are approximate figures to date from the NSC file review:

Approvals:  The overwhelming majority of the 160 cases have been approved, of which at least 18 were denials reversed on Service motion 

Denials:  20

Still under review:  15

The NSC Liaison Committee will continue to inform members who submitted cases of the resolution.

AILA follow up:  The NSC Liaison Committee continues to discuss progress in file review with NSC.  In addition, we are working to carefully monitor RFEs and denials that NSC is issuing subsequent to our meeting in November.  The NSC Committee urges AILA members to contact Marketa Lindt or Kathy Moccio with any problematic RFEs and denials that they receive from NSC so that AILA can continue to advocate with the NSC for appropriate adjudication of H-1B cases.

Thanks to AILA members: The NSC Liaison Committee wishes to express its appreciation to the many AILA members who provided us with their individual case examples and stood with us during the time it took to work through this difficult issue.