Who will get the interview?
Anyone who filed the I-140 application after March 17, 2017
What is the process?
The Service Center, ie Texas or Nebraska Service Center will send the case to National Benefits Center. The NBC will send the files to the various field offices.
Will the field offices Adjudicate the I-140 ?
According to Citizenship and Immigration Service, the field office will not adjudicate the I-140. But the service center will check for:
• Authenticate documents—ie Actual educational documents, Employer’s taxes, or Beneficiary’s paystub proving “ability to pay.”
• Family member’s relationship to the principal beneficiary, ie spouses will be interviewed for whether it’s a valid marriage—Take Original marriage certificate, birth certificate, joint documents like joint children/mortgage, financial documents
• Eb-1 and NIW will have to take all their original works.
• Take all status documents—–ie original H-1B approvals, and/or Employment Authorization Document cards, Sevis cards, etc.
• Valid Passport and I-94
• Paystubs and W-2—- a letter from the Employer and the Supplement J
• New Medical, if original medical is a year old
Field Officers adjudicate family petitions. They are used to adjudicating relationships. In our previous appointments with Employment cases, we have found the interviewing officers do not have knowledge of any employment law. I have had to point out the law on several issues. American Immigration Lawyer’s Association concurs. Although Citizenship and Immigration Service is saying that they have “trained” their officers, American Immigration Lawyer’s Association is recommending a lawyer be present, at least for the first few months.
Field officers may not get the concept of “future employment”, and definitely wont be able to define NIW or EB-1.
For More information, contact Banerjee & Associates