What Kind of Checks Will Be Included in the I-485 Background Security Check?

Question:

My EB1A application has been approved. Thank you very much for the help of your Do It Yourself package of EB1A. Now my I-485 application is pending. I called the USCIS Customer Service Help Line for my case progress, and was told that it is in the process of "background security check". What kind of checks will be included in this background security check?

Answer:

To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

1) The Interagency Border Inspection System (IBIS) Name Check— IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns.

2) FBI Fingerprint Check—FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS.

3) FBI Name Checks—FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. http://www.greencardapply.com/question/question11/question11_0214.htm

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H-1B Fees for U.S. Worker Training and Fraud Prevention

Question:

As a small company with 15 employees, we plan to hire a recent college graduate with our sponsorship for H-1B visa. What are the fees we need to pay for the H-1B application?

Answer:

The American Competitiveness and Workforce Improvement Act (ACWIA) established what is commonly referred to as the "training fee." This fee is currently set at a level of $1500 for companies with more than 25 employees; the fee is reduced to $750 for companies with 25 employees or fewer. This payment must accompany with the H-1B petition. The amount collected is used for funding training and scholarships for U.S. workers.

Also, the L-1 and H-1B Visa Reform Act established a $500 fee to be utilized for fraud prevention and detection. This fee must be paid with the initial H-1B or L-1 petition filed by an employer. http://www.greencardapply.com/question/question11/question11_0420.htm

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The Criteria Used by USCIS for EB1 Prizes or Awards with National or International Significance

The Criteria Used by USCIS for EB1 Prizes or Awards with National or International Significance

Question:

As a researcher at a U.S. national research lab, I am preparing my Green Card application in the EB1 category. I am considering to claim the "prizes or awards" criterion, but not sure the if my awards, mostly graduate/post-doc level awards, can be considered by USCIS officers for national or international significance. Do you know what are the criteria used by USCIS for this issue?

Answer:

To determine whether the alien applicant has received lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor, the relevant USCIS considerations regarding whether the basis for granting the prizes or awards was excellence in the field include, but are not limited to:

1) The criteria used to grant the awards or prizes;
The national or international significance of the awards or prizes in the field; and

2) The number of awardees or prize recipients as well as any limitations on competitors. An award limited to competitors from a single institution, for example, may have little national or international significance.

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NIW Petition - Addressing all the NYSDOT Case's Prongs Separately

Question:

I recently got a Request For Evidence from USCIS. They asked all questions I provided before in the initial petition cover letter and supporting documents. I am not sure if they lost my NIW package or some documents. Please see my attached RFE notice and let me now how I could reply it. Thank you very much!

Answer:

It has happened to many people that USCIS lost the supporting documents, especially when the I-140 was e-filed. So, there is a small chance that USCIS lost your package. However, we do see that USCIS RFE says: "The petitioner appears to be part of a talented team doing research that could be of national interest. The team is just one of many that are working on the same type of research- which indicates USCIS know your qualifications."

In your cover letter, you should address all the prongs for NIW by quoting the relevant laws and addressing each of them separately, which means the following prongs issued in the NYSDOT case:

1) it must be shown that the alien seeks employment in an area of substantial intrinsic merit;

2) it must be shown that the proposed benefit will be national in scope;

3) the petitioner seeking the waiver must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required.

It has to be shown that aliens ability to serve national interest is significantly above than available U.S. worker with same minimal qualifications, and it must be shown that the alien has a past record of contributions to areas of national interest justifying future benefit to national interest.

When we go through the rest of your RFE, it seems that you haven't addressed each of the prongs separately and established how you satisfy them.
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USCIS Record of Approvals and Denials of EB-1A and and EB-1B

USCIS Record of Approvals and Denials of EB-1A and and EB-1B

USCIS Record of Approvals and Denials of EB-1A (EB1-Extraordinary Ability) and EB-1B (EB1-Outstanding Researcher or Professor) I-140 Petitions. This statistics reflect that EB-1A and EB-1B approval rates had been higher than 50% in general from FY 2005 through FY 2010. The approval numbers have steadily increased more or less.

Approval and Denial Statistics for I-140, Immigrant Petition for Alien Workers
1) Table A provides data on the approval and denial for the E-11 classification (Alien of Extraordinary Ability) of the Form I-140, Immigrant Petition for Alien Workers.

Fiscal Year: 2010
Approvals: 3,200
Denials: 1,998
Approval Rate: 62%
Denial Rate: 38%

2) Table B provides data on the approval and denial for the E-12 classification (Outstanding Professor or Researcher) of the Form I-140, Immigrant Petition for Alien Workers.

Fiscal Year: 2010
Approvals: 3,140
Denials: 306
Approval Rate: 91%
Denial Rate: 9%

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CBP Fact Sheet on Expired Visa

The nonimmigrant visas for some of these nonimmigrants might have expired. These nonimmigrants usually know that they can travel and return with expired visa inasmuch as they have a valid I-94 and return within 30 days.

However, there are a lot of catch to the automatic visa revalidation rule, including but not limited to (1) unavailability of such privilege for people from certain designated countries of terrorism, (2) unavailability of such automatic revalidation if a visa was applied in the contiguous countries during the trip, (3) unavailability of such automatic revalidation if change of visa was obtained within the U.S., (3) unavailability of such automatic revalidation for a trip to adjacent islands (Caribbean islands) unless you have a right type nonimmigrant visas (F and J) and with some additional conditions, M visa holders with a proof of nonimmigant status within the United States. Accordingly, those who consider such vacation trips should check with the CBP not to be trapped outside of the U.S.

AUTOMATIC REVALIDATION

FACT SHEET

May 7, 2009

Pursuant to 22 CFR 4 1.1 12 and 8 CFR 214.1 automatic revalidation applies to expired nonimmigrant visas of aliens who have been out of the U.S. for thirty days or less in contiguous territory (Canada and Mexico).

In the case of F-1 and J-1 students, automatic revalidation applies to contiguous territory and adjacent islands other than Cuba. An M-1 student can only apply for automatic revalidation readmission after an absence of less than 30 days solely from contiguous territory.

Nonimmigrants who are eligible to re-enter the U.S. pursuant to the authority of automatic revalidation are not able to benefit from the automatic revalidation process if the non-immigrant's passport reflects evidence that while in contiguous territory or on an adjacent island the nonimmigrant applied for a new visa and is pending a decision or has been denied a new visa application.

Nationals of Iran, Syria, Sudan, and Cuba are not eligible for automatic revalidation of an expired visa. Thus, for example, if a citizen of Iran travels to contiguous territory for a day and has an expired visa, but a valid extension approval notice of status; he will need to obtain a visa to return to the U.S.
Automatic revalidation does not apply to the Visa Waiver Program. Readmission to the U.S. after departure to contiguous territory or adjacent islands for Visa Waiver Program applicants is covered under 8 CFR 217. 3(b).

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USCIS Implements "Single Document" for EAD

USCIS instructs adjudicators issuance of an Employment Authorization Document (EAD), Form I-766, with an advance parole endorsement for the I-485 applicants who file EAD and AP applications concurrently on or after December 21, 2010. The new policy for the single EAD/AP is that whenever possible, USCIS adjudicators will simultaneously adjudicate "concurrently filed" applications for employment authorization and applications for advance parole authorization filed by applicants for adjustment of status under 8 CFR 245 or to register status under 8 CFR 249.

If USCIS approves both applications, it will issue a single document, Form I-766, Advance Parole EAD, as provided in this Policy Memorandum. USCIS is also reviewing whether it is feasible to expand eligibility for an EAD with advance parole endorsement to other EAD recipients who are eligible for advance parole. See USCIS Announcement of 02/11/2011 below.

USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants

Feb. 11, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.

The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.

An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. USCIS will continue to issue separate EAD and Advance Parole documents as warranted. Employers may accept the new card as a List A document when completing the Employment Eligibility Verification, Form I-9.

As with the current Advance Parole document, obtaining a combined Advance Parole and employment authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.

For more information about the EAD and Advance Parole card, see the related Questions and Answers. For more information on USCIS and its programs, visit www.uscis.gov.
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