"Physician Visas: What You Need To Know Now "
Session 2 held on January 18, 2007
From Suzanne B. Seltzer
The following is an update on the processing of I-612s at VSC:
As of October 10, 2006, the VSC is adjudicating all (for the entire country) I-612 waivers initially filed with the Department of State on the basis of No Objection, an Interested Government Agency request, or an agreement reached with a State Department of Health for a Conrad 30 slot. The G-28 information, the data sheet information, the decision, the basis for the waiver, and the date of the Department of State recommendation are now transmitted to the VSC via electronic data transfer. The data is used to populate CLAIMS 3 (including the G-28 information). A receipt notice is generated and most cases are adjudicated “paperless” to completion with the issuance of an approval notice. Denials, Conrad 30 State physician waivers, IGA physician waivers, and selected other cases are converted to a paper file and adjudicated in the same manner as in the past.
The G-28 information is in our system and is visible to the information officer or any service officer who views it. However, since the G-28 is not scanned, there is no paper G-28 even in those files that are converted to a paper file, but the related G-28 information is on the data sheet printout which is contained in the file. Since the G-28 information is transferred to our systems via electronic data transfer, this should correct the issue of the G-28 being separated from the waiver.
As a follow-up, we understand that DOS is now sending advance notification of DOS recommendations by email? How does this affect VSC’s process? Will VSC issue an I-612 based on the email notification? Does that notification include a scanned G-28? If not, how will VSC decide where to send the I-612?
The Department of State does not send advance notification of DOS recommendations to the VSC by Email.
Please note, all I-612s filed directly with USCIS on November 1, 2006 or later on the basis of Hardship or Persecution, are sent to the California Service Center for adjudication. The VSC will continue to process all such applications that are still pending at our Service Center filed prior to November 1, 2006, in the usual manner.
From Barry Walker
Extenuating Circumstances Statute: INA §214(l)(c)(2)
Extenuating Circumstances Regulations: 8 CFR 212.7(c)(9)(iv-vi).
September 8, 2006 AAO Decision, Re: H-1B cap AILA Doc.# 06091161
USCIS memorandum by Michael Aytes, dated June 6, 2006, Re; H-1B cap AILA Document# 06060861