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National Benefits Center Practice Pointers (Updated 8/20/07)

Requests to Expedite

Submit expedite requests for employment authorization cards or advance parole to the Field Office (formerly known as the District Office). Since the Field Office has jurisdiction over the processing of the case, the Field Office is responsible for deciding whether or not to expedite. Criteria for expedite are posted on InfoNet under "NBC/MSC Liaison Assistance."

Upon receipt of a request from a Field Office to expedite the processing of an I-765 or I-131 application, NBC generally adjudicates the request within 48 hours.

Form I-765: If approved by NBC, the applicant should receive the EAD within 10 to 14 days, depending upon USPS delivery, assuming biometrics have been captured. USCIS cannot produce an EAD without the associated biometrics.

Express delivery service is not available for EADs produced in and mailed from the USCIS card production facility in Corbin, KY.

When to make an InfoPass appointment for a Form I-765 that does not meet the expedite criteria: NBC clarifies that an appointment can be made for day 85 (i.e., schedule around day 70 for day 85).

Form I-131: Current NBC processing time for I-131s is less than 2 months. You may use NBC Liaison Assistance if I-131 pending beyond the posted processing time. NBC produces and mails the Travel Document, I-512, within 48 hours after approval and the applicant should receive the I-512 within 10-14 days later. If an express delivery service mailer is provided, NBC will send the I-512 via the express service.

NBC Liaison Assistance is not able to submit expedite requests directly to NBC. However, if the Field Office declines to consider an expedite request because the file is at NBC, you may submit a request through NBC/MSC Liaison Assistance to find out if NBC will permit you to submit your expedite request by fax rather than by mail or express delivery, which is the usual method listed under NBC/MSC Liaison Assistance. If NBC agrees, then the fax number will be provided to you. You need to provide enough detail for the AILA volunteer and the NBC Liaison to ascertain whether your request warrants consideration by fax. Details should include your efforts to obtain assistance from the Field Office, the Field Office's response and the urgency of your client's situation (keeping the expedite criteria in mind). Identify supporting documentation (such as a hospital record or doctor's letter), if applicable, but do not attach it. NBC cannot respond to an inquiry if you are not in the system as the attorney of record, so attach a scanned copy of the signed G-28 as a PDF file if you were recently retained.

Motions to Reopen/Reconsider

A motion submitted with the $585 fee should be filed with the Lockbox at the same address to which the underlying application or petition was filed. The Lockbox does not accept any motions that are filed without associated fees.

These instructions apply even though the file has been transferred to the Field Office and the Field Office has denied the Form I-485. The applicable regulation, 8 C.F.R. § 103.5(a)(1)(iii)(E), states that the motion must be “submitted to the office maintaining the record upon which the unfavorable decision was made for forwarding to the official having jurisdiction.” However, NBC has confirmed with AILA that the motion and fee should be sent to the same address where the I-485 was filed, which in most cases would be the Lockbox. We have been informed to think of the NBC as an “off site file prep facility” for the Field Office. So, even though the Field Office adjudicated the application, your motion should be filed with NBC, which will “prep” the motion for the Field Office.

A request for sua sponte Service Motion to Reopen or Reconsider (filed without fee) should be submitted to the NBC at one of the following addresses, if the motion relates to an application or petition originally processed through the Lockbox/NBC.

Regular Mail:
USCIS/NBC
Attn: Service Motion Request
P. O. Box is 648003
Lee's Summit, MO 64064

Express Mail:
USCIS/NBC
Attn: Service Motion Request
705 B Melody Lane #107
Lee's Summit, MO

Do not use these addresses for motions relating to applications or petitions originally filed with one of the Service Centers.

NBC reviews a motion to reopen/reconsider when received and then forwards the motion to the office that made the final adjudicative decision on the case. For example, if a case was denied by a Field Office, the motion to reopen would be forwarded to that office for review and adjudication. If NBC denied the original application or petition, then NBC would review and adjudicate the motion. Since motions are referred out to the office that made the final adjudicative decision, there are no standard processing times for motions to reopen or reconsider.