USCIS Conducts National Stakeholder Meeting - Sep 2008
Posted Oct 31, 2008
©MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) held a September 30, 2008 stakeholder meeting on important adjudication and procedural matters. Topics of interest to MurthyDotCom and MurthyBulletin readers included an update on the restructuring of USCIS business processes, procedures for adjudication of I-485 applications with name checks pending beyond 180 days, delays of adjudication of concurrently-filed I-140 petitions, premium processing of I-140 petitions, and other important items.
©MurthyDotCom
USCIS on Business Processes and Secure Mailing
©MurthyDotCom
According to a USCIS plan to restructure business processes and IT systems, "the Agency envisions the transformed environment to be deployed in four increments" over a five-year period. The USCIS plans "to maintain multiple channels through which applications will be accepted" despite the restructuring of the system. As such, applicants and petitioners still will be able to make paper filings.
©MurthyDotCom
The USCIS also indicated that it is currently implementing a pilot Secure Mailing Initiative (SMI) delivering certain documents via U.S. Postal Service (USPS) Priority Mail with delivery confirmation. Increased filing fees are used to fund this project. In the future, the USCIS also plans to deliver Form I-551 Permanent Resident Cards (commonly referred to as "green cards") and Employment Authorization Documents (EAD) via priority mail.
©MurthyDotCom
I-485s without Completed Security Checks
©MurthyDotCom
Applicants have reported situations in which their I-485s have received approval notices, but the actual cards were not ordered. Such instances include applicants whose I-485 cases were approved before the background checks were completed, under procedures permitting the approval if the name-check request has been pending for 180 days or more. MurthyDotCom and MurthyBulletin readers will recall our February 7, 2008 NewsFlash, Faster Security Clearances for I-485s and Other Applications, which explained that, if the name-check request has been pending for 180 days or more, the USCIS must adjudicate the I-485 case without waiting for the name check to be completed. The USCIS confirmed that adjudicators must adhere to the new policy and, when an I-485 case is approved, "continue with card production."
©MurthyDotCom
To assist USCIS customers and their attorneys in determining the status of each name-check request, the American Immigration Lawyer Association (AILA) suggests "that name-check results such as 'initiated on mm/dd/yy' and 'cleared on mm/dd/yy' should be available online." The USCIS did not address this suggestion.
©MurthyDotCom
I-140 Processing
©MurthyDotCom
Many USCIS customers report that their cases filed concurrently with I-485 applications during the summer of 2007 have been significantly delayed. This has created an impression that the USCIS is not adjudicating these petitions until their priority dates become current. In response to this concern, the USCIS specified that it identified I-140 petitions that have been held up because visas are not available. The USCIS indicated that "the instance of delayed I-140 adjudication should decrease significantly." As a clarification to MurthyDotCom and MurthyBulletin readers, there does not need to be a visa number available to obtain approval of the I-140. The USCIS apparently was concentrating efforts on cases with visa number availability, in an effort to prioritize workloads. The delays are supposed to be addressed.
©MurthyDotCom
In response to a question about resuming premium processing of I-140 petitions in addition to those that currently meet the premium processing criteria under the new rule implemented on June 16, 2008, the USCIS indicated that it would, at this time "exceed USCIS's capacity to provide timely Premium Process Service." MurthyDotCom and MurthyBulletin readers may recall our June 27, 2008 article, Requirements for Premium Processing of I-140 Petitions, which reported this rule. At present, therefore, the USCIS does not intend to resume premium processing of additional types of I-140 petitions.
©MurthyDotCom
Conclusion
©MurthyDotCom
The USCIS's responses and information provide guidance for employers, employees, and their families. These insights and updates on current procedures are appreciated, and we at the Murthy Law Firm are pleased to share this information with our readers.