Although regulations require the naming of H2B beneficiaries except in emergent circumstances, recent guidance from HQ indicates that as long as there are not experience requirements for the workers, the Service Centers may use a wide range of discretion in such cases. Provided that a brief description of the emergent situation is provided on the petition, the TSC will exercise maximum discretion. The TSC attempts to respond within 10 days to all inquiries made by AILA liaisons. Additionally, personnel were diverted for the mandatory audit. The process of filing an I-824 to notify a consulate abroad of an approval often does not produce the desired result.
Consuls often indicate the notice was never received.
The TSC has changed its policy to alleviate most problems associated with consul notification. The TSC now faxes notices of approval directly to the consul with a confirmation copy to the aliens file. All rights reserved.