Adjucator Field Manuel!

[Niels Bohr 72]

I found this link that may prepare anyone with the petition process.

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

[s2convt 0]

Good Find!!

I found this topic particularly interesting on RFE's...

( B ) Requests for Additional Evidence . Just as the transfer of open cases to another office should be avoided, if possible, so should requests for evidence (RFEs) from the applicant or petitioner. Requesting additional evidence or returning a case for additional information is a drain on USCIS support resources, results in duplication of effort by the adjudicating officer and delays completion of the case. Up-front case review must be thorough. Evidence or information not submitted with the application, but contained in other USCIS records or readily available from external sources should be obtained from those sources rather than by returning the case to the applicant for the information or evidence.

In particular, requests for "discretionary" evidence should be carefully considered. For example, a request for tax returns or other financial information as evidence of a petitioner’s ability to pay the wage offered on an "H" petition might be reasonable if the petitioner is a small start-up company, but it would not be reasonable to request such information from a "Fortune 500" company. It is important that the adjudicator exercise common sense and good judgment to strike a balance between obtaining nec essary information for thorough, correct decision-making and pointless "fishing trips."

If a case must be returned for evidence, it is essential that all required evidence be identified and requested. (Occasionally, the additional evidence itself will raise new questions which could not have been foreseen upon the initial review, but this is extremely rare and can be kept to an absolute minimum by a careful initial review of the application/petition and detailed explanation of the reasons for the RFE.) Multiple, sequential returns of a case are particularly wasteful and demonstrate a lack of professional competence on the part of the adjudicator.

Upon resubmission of the application or petition, or compliance with the RFE, the case should be returned to the processing order in accordance with its original filing date. This will normally make the case one of the next ones (if not the very next one) to the be adjudicated as it had already reached the “head of the line†at the time the RFE was made.

Edited March 15, 2007 by s2convt

[nyseness 0]

Thanks...very interesting!!!

[mRx 16]

You have found the enemy's operating procedures!!!

[Savanphil 3]

good stuff

[lisaf 0]

Good Find!!

I found this topic particularly interesting on RFE's...

( B ) Requests for Additional Evidence . Just as the transfer of open cases to another office should be avoided, if possible, so should requests for evidence (RFEs) from the applicant or petitioner. Requesting additional evidence or returning a case for additional information is a drain on USCIS support resources, results in duplication of effort by the adjudicating officer and delays completion of the case. Up-front case review must be thorough. Evidence or information not submitted with the application, but contained in other USCIS records or readily available from external sources should be obtained from those sources rather than by returning the case to the applicant for the information or evidence.

In particular, requests for "discretionary" evidence should be carefully considered. For example, a request for tax returns or other financial information as evidence of a petitioner’s ability to pay the wage offered on an "H" petition might be reasonable if the petitioner is a small start-up company, but it would not be reasonable to request such information from a "Fortune 500" company. It is important that the adjudicator exercise common sense and good judgment to strike a balance between obtaining nec essary information for thorough, correct decision-making and pointless "fishing trips."

If a case must be returned for evidence, it is essential that all required evidence be identified and requested. (Occasionally, the additional evidence itself will raise new questions which could not have been foreseen upon the initial review, but this is extremely rare and can be kept to an absolute minimum by a careful initial review of the application/petition and detailed explanation of the reasons for the RFE.) Multiple, sequential returns of a case are particularly wasteful and demonstrate a lack of professional competence on the part of the adjudicator.

Upon resubmission of the application or petition, or compliance with the RFE, the case should be returned to the processing order in accordance with its original filing date. This will normally make the case one of the next ones (if not the very next one) to the be adjudicated as it had already reached the “head of the line†at the time the RFE was made.

well done for finding that , I was too lazy to read through it!! Interesting though how many posts here regarding VJers RFE's seems to contradict these guidlines!!! makes you wonder if the staff read it

[s2convt 0]

Good Find!!

I found this topic particularly interesting on RFE's...

( B ) Requests for Additional Evidence . Just as the transfer of open cases to another office should be avoided, if possible, so should requests for evidence (RFEs) from the applicant or petitioner. Requesting additional evidence or returning a case for additional information is a drain on USCIS support resources, results in duplication of effort by the adjudicating officer and delays completion of the case. Up-front case review must be thorough. Evidence or information not submitted with the application, but contained in other USCIS records or readily available from external sources should be obtained from those sources rather than by returning the case to the applicant for the information or evidence.

In particular, requests for "discretionary" evidence should be carefully considered. For example, a request for tax returns or other financial information as evidence of a petitioner’s ability to pay the wage offered on an "H" petition might be reasonable if the petitioner is a small start-up company, but it would not be reasonable to request such information from a "Fortune 500" company. It is important that the adjudicator exercise common sense and good judgment to strike a balance between obtaining nec essary information for thorough, correct decision-making and pointless "fishing trips."

If a case must be returned for evidence, it is essential that all required evidence be identified and requested. (Occasionally, the additional evidence itself will raise new questions which could not have been foreseen upon the initial review, but this is extremely rare and can be kept to an absolute minimum by a careful initial review of the application/petition and detailed explanation of the reasons for the RFE.) Multiple, sequential returns of a case are particularly wasteful and demonstrate a lack of professional competence on the part of the adjudicator.

Upon resubmission of the application or petition, or compliance with the RFE, the case should be returned to the processing order in accordance with its original filing date. This will normally make the case one of the next ones (if not the very next one) to the be adjudicated as it had already reached the “head of the line†at the time the RFE was made.

well done for finding that , I was too lazy to read through it!! Interesting though how many posts here regarding VJers RFE's seems to contradict these guidlines!!! makes you wonder if the staff read it

You really can't tell who's hands your petition can fall into....you may get a super good guy or that new guy who is just out of college on a power trip to ruin your day because he can..

[flutter95 4]

Very interesting stuff.

I found this in the interview section

"Don't Complain or Use Sarcasm or Patronizing Language . Doing so is disrespectful and conveys to the applicant that you don't take the process or the applicant seriously"

How many of us have had too many USCIS employees treat us like that?

[rebeccajo 14]

For the edification of all on this thread.....

USCIS.gov holds a wealth of information everyday. This manual and many others are available every day and have been for years.

[Bobbie 1]

Wow there is a lot of information in this book. I think I am cross eyed now