November 22, 2002. - The Immigration and Naturalization Service has denied the rumor that it had placed a moratorium on application processing, but advised that more careful attention would be paid to security checks. According to INS letters posted on the American Immigration Lawyer's Association Infonet, the rumor began when an INS internal memo was circulated in response to INS approving naturalization for a known terrorist suspect, which could have been prevented had the security background checks been conducted.

The internal memo from INS headquarters reminds all officers that security background checks are essential before making a final adjudication of naturalization, adjustment of status, or asylum application. For example, at the conclusion of a successful interview, the INS officer will no longer be able to issue a temporary green card stamp to the foreign national, absent the required checks. The memo also mandates that applications for advance parole (AP) and employment authorization (EAD) documents cannot be issued until IBIS checks have been completed.

The reaction of INS offices around the country has been dramatic. Many offices have ceased to issue same-day employment authorization documents, and many individuals with successful adjustment of status interviews were told to wait for final case approval. Many INS offices lack the computer system enhancements required to perform the necessary FBI name checks, and cases are being held in abeyance until the upgrades can be implemented.

Berry, Appleman & Leiden advises that the current uncertainties regarding the timely issuance of employment authorization cards, and other related benefits as noted above, will force employers to consider maintaining underlying non-immigrant status (such as H-1B or L-1) for as long as possible to avoid gaps in employment authorization.