 USCIS will no longer send original Receipt or Approval Notices to the Attorney of Record
On September 12, 2011, U.S. Citizenship and Immigration Services implemented a policy change that affects all of our clients with cases currently pending or about to be filed with the government. USCIS has put an end of the decades-long practice of sending original Notice of any action taken on a case to the applicant or petitioner's designated Attorney. The government enacted this new policy without any formal announcement, notice, or invitation for comments from affected stakeholders.
Nearly three weeks later, USCIS issued a statement regarding this change. From this point forward USCIS will be, the statement reads, "sending original I-797 receipt and approval notices directly to applicants and petitioners." They will send a courtesy copy to the Attorney representing the client if a Form G-28, Notice of Entry of Representation, is on file.
Since the announcement, the American Immigration Lawyers Association has been working to find a solution to the many problems this has and will cause. Yesterday, a conference call was held with USCIS to address the issue. However, our office heard first-hand that USCIS has already changed over their computer systems and does not seem willing to revert back to the old policy.
Although we always forward our clients original notices sent by the government, it is very important for USCIS to reverse this new policy. The government has a history of losing mail, mailing notices to the wrong address, and failing to update addresses in its system. Any change to their mailing system is potentially problematic, and we hope that they will quickly reinstate the old policy.
In the meantime, we ask that all of our clients pay close attention to their mail, and forward copies of any notices received to our office.
This is particularly important for H-1B employers. All original H-1B Approval Notices will be sent directly to the employer, with only a courtesy copy to our office. No copy will be sent to the foreign national employee by the government.
The Approval Notice issued for an extension of or change to H-1B status contains an original Form I-94, Arrival/Departure Record. The Attorney copy will not include an I-94. This I-94 card is the employee's ONLY proof of status in the United States. They MUST receive the original notice with the I-94 card intact. It is critical that the employee be provided with the ORIGINAL Approval Notice as soon as possible.
It is also important that we receive a copy of the original Approval Notice so that we may review the Notice for errors, track expiration dates, and have the required documentation on-hand for future applications.
We appreciate your help during this transitional period, and will keep you updated on any further developments.
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