L1 221(g) Administrative processing on Jamaica

[Mike8 6]

Hi, I'd like to share my story.

I've been working in an IT company for the past three years. Originally hired in Russia, I was relocated to Poland after six months, and then to Jamaica.

In Jamaica, my wife, daughter, and I have been living for two years now.

 

In February 2024, we had a visa interview at the US Embassy. The consul congratulated us, saying, "Congrats, all your visas were approved." He signed and stamped the I-129 form for three years and gave us a paper with instructions on how to collect our passports.

 

Later that day, when I checked the CEAC, I saw the status "Refused" on my case. A company representative reassured me, saying not to worry, as if they said the visas were approved, then they were approved.

The following week, we received our passports back, but without visas, just pink papers stating, "We cannot make a decision now. Your case is under Administrative processing." I was shocked.

I reached out to the embassy, and they confirmed the administrative processing without providing any clarification on its duration.

 

I began researching similar cases and potential reasons. Here's what I found:

• I'm originally from Russia.
• I work in IT.
• I have experience in a field mentioned in the Technology Alert List.

However, two weeks after me, my colleague received his visa. He is also from Russia and works in IT for the same company and we arrived to Jamaica together. The only difference is he doesn't have issues with the Technology Alert List.

 

Therefore, I believe I'm under administrative processing because of this Alert List.

Currently, it's been 55 days. Based on information from the embassy and people who have experience with these types of checks, most cases are resolved within 60 days. I hope so, but... you know.

 

 

Edited April 16 by Mike8

[Mike8 6]

The question to the community. 

Do you think it's possible to contact a congressman considering that I'm currently not in the US? I know my future location will be there, and I've identified the congressman responsible for the district. He has a page on the website titled 'Help with a Federal Agency,' and there are even instructions on how to submit a request.

My company representative says that it is not possible to request assistance for cases undergoing administrative processing that are less than 6 months old.

[Mike8 6]

Today i found very interesting information about 6 months threshold before asking for congressman support.

This info was taken from the article LINK

You can see the order:

Quote

Receipt of the Case: When you file your case with USCIS, you receive a unique 13-character receipt number, which is crucial for tracking your case. This number appears on all USCIS notices of action and is essential for subsequent steps.
Case Processing: Check the standard processing times for your specific case type and service center on the USCIS website. Cases still within these standard times typically do not require Congressional intervention.
Case Inquiry: If your case processing time exceeds the norm, submit a direct inquiry to USCIS. Recording such inquiries can bolster your request for Congressional aid.
Ombudsman Support: The CIS Ombudsman’s Office assists with individual immigration cases and addresses systemic issues. Consider their assistance as an intermediate step before Congressional intervention.
Congressional Assistance: If the above steps have been taken and your case remains unresolved, Congressional assistance is the next appropriate course of action.

So, following this the next step should be: Case inquiry directly to USICS. BUT

If i open web site LINK with the form for case inquiry i can find some more info about this process:

Opening Outside normal processing time article i see:

Quote

If your application type is not listed in the processing time table on our website, our goal is to make a decision on your application within 6 months of filing. Please wait six months before submitting an inquiry

IT means i need to wait for six month to initiate this process and they have even one more step before congressman support.

The next one is to submit a case resistance request LINK where we can check DHS form 7001.

Only after that im eligible to hope on congressman support. 🫣

 

 

Edited April 17 by Mike8

[Family 3,988]

27 minutes ago, Mike8 said:

Today i found very interesting information about 6 months threshold before asking for congressman support.

This info was taken from the article LINK

You can see the order:

So, following this the next step should be: Case inquiry directly to USICS. BUT

If i open web site LINK with the form for case inquiry i can find some more info about this process:

Opening Outside normal processing time article i see:

IT means i need to wait for six month to initiate this process and they have even one more step before congressman support.

The next one is to submit a case resistance request LINK where we can check DHS form 7001.

Only after that im eligible to hope on congressman support. 🫣

 

 

You  ( as the foreign beneficiary ) will not get assistance from congressman /senator because you are not their constituent ( reside in their district). 
‘An employer can make some economic hardship claims …so follow their lead. Your TAL security checks will eventually be cleared.

[Mike8 6]

8 hours ago, Family said:

You  ( as the foreign beneficiary ) will not get assistance from congressman /senator because you are not their constituent ( reside in their district). 
‘An employer can make some economic hardship claims …so follow their lead. Your TAL security checks will eventually be cleared.

Thanks for the reply i understand that. I realized that USICS is not the agency which is working on my case. As a foreigner my case is in Department Of State not USICS.

Anyway there is an option to ask congressman about such cases.

Maybe i will try if there's no harm in reaching out to a congressman.

[Family 3,988]

2 hours ago, Mike8 said:

Thanks for the reply i understand that. I realized that USICS is not the agency which is working on my case. As a foreigner my case is in Department Of State not USICS.

Anyway there is an option to ask congressman about such cases.

Maybe i will try if there's no harm in reaching out to a congressman.

Congressional Liasons assistance extends to all government agencies…but the first thing they do is establish if request is from within their jurisdiction. 

Even educational orgs  have learned that no amount of interference will speed up a TAL security check

https://internationaloffice.berkeley.edu/

In addition, it is our observation that these clearances can take between 60-90 days, and even longer in some cases.  Should you be subject to a security clearance, you will have to wait until it is completed before you can return to the U.S.  It is important for you to know that it is our experience that no amount of intervention on the part of the university will speed up the unpredictable security clearance processing time.  

[Mike8 6]

So, congressman office tried to help and i was surprised but that didnt work.

Only wait for results of AP.

Edited May 14 by Mike8

[appleblossom 2,426]

On 5/14/2024 at 6:55 PM, Mike8 said:

So, congressman office tried to help and i was surprised but that didnt work.

Only wait for results of AP.

There is no way of speeding AP up, they couldn’t have done that - the only thing they could possibly have done is found out more info. 
 

Good luck, hope it’s not too much longer. 
 

 

[uncleand 0]

hey @Mike8, a couple of questions -

1) how you figured out that a possible reason for the refusal was TAL?

2) how's your process is going?

 

(in a similar situation for the past few months, so trying to collect some info from recent cases)

 

thanks!

[Mike8 6]

10 minutes ago, uncleand said:

hey @Mike8, a couple of questions -

1) how you figured out that a possible reason for the refusal was TAL?

2) how's your process is going?

 

(in a similar situation for the past few months, so trying to collect some info from recent cases)

 

thanks!

Hi @uncleand

1) After I received the pink slip, I began investigating the possible reasons. Nobody told me it was related to the Technology Alert List (TAL), but I suspected that my previous job might have been the cause of the refusal. I was surprised, especially because during the interview they told me that all visas were approved, but I later received a refusal when collecting the passports. I searched online for experiences from others and eventually came across the TAL. After checking the list, I found an exact match with my last job title. The company’s lawyers later agreed that this was most likely the reason for the 221(g) administrative processing. Additionally, after me, my colleague visited the same consulate, and their first question was, “Have you ever worked with this technology?” which was listed on my CV. I wasn’t asked this question during my interview, so it seems like they flagged my case afterward. It looks like they realized the issue at a later stage, possibly through a system or a supervisor.

 

2) There has been no progress for seven months. Nothing has changed, no additional details have been requested, and the dates on the CEAC portal haven’t been updated. It feels like my case will be in processing for years. Unfortunately, I personally know of similar cases, and some people are still in processing after more than a year and a half.

[FaiXi 0]

Hey @Mike8 mine is also similar case,

My interview was on 24th April 2024 at Milan, Italy and have been asked to submit ds5535 and CV. It's been more than 5 months and no update. Can we file writ of mandamus? Do you know something about that? Thanks

[appleblossom 2,426]

24 minutes ago, FaiXi said:

Hey @Mike8 mine is also similar case,

My interview was on 24th April 2024 at Milan, Italy and have been asked to submit ds5535 and CV. It's been more than 5 months and no update. Can we file writ of mandamus? Do you know something about that? Thanks

5 months would be far too soon to file a WOM. If you’re still waiting after a year then consider it. 
 

Good luck. 

[Mike8 6]

1 hour ago, FaiXi said:

Hey @Mike8 mine is also similar case,

My interview was on 24th April 2024 at Milan, Italy and have been asked to submit ds5535 and CV. It's been more than 5 months and no update. Can we file writ of mandamus? Do you know something about that? Thanks

Hello,

I submitted ds5535 and CV on the interview. Then nothing was asked no any changes in status and dates on ceac nothing.

Actually what i know some people are waiting for more than 14 month now. So i didnt think yet about writ of mandamus and i dont really know what is it but will check.

Anyway i let our company lawyers make their job.

[Mike8 6]

Some updates. AP completed and Visa issued. It took almost 8 months