Update from USCIS on Backlog Reduction Plan
Posted Apr 01, 2005
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The U.S. Citizenship and Immigration Services (USCIS) issued a report March 16, 2005 on its progress with case backlog reduction. The backlog reduction efforts extend to both the USCIS service centers and the local offices. This report is for the last quarter, or final three months, of fiscal year (FY) 2004, which translates to the months of July, August, and September 2004. USCIS reported that the backlog decreased in FY2004 by 1.1 million cases. The report indicated that this was the most productive quarter so far for the USCIS.
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Progress on Processing Times
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The USCIS monitors sixteen application types. These sixteen applications and petitions represent approximately ninety-four percent of the USCIS workload. In fourteen of these monitored case types, the USCIS met or exceeded processing time expectations in the last quarter of FY2004. Of the fourteen case types, the applications or petitions most frequently used by MurthyDotCom and MurthyBulletin readers would be the I-485 (Adjustment of Status), I-90 (Replacement Green Card), I-129 (Nonimmigrant Worker), I-130 (Relative Petition), I-131 (Advance Paroles), I-539 (Change / Extension of Status), I-751 (Removal of Conditions), I-765 (Employment Authorization), and N-400 (Naturalization). The remainder of the fourteen forms that may be less familiar to our readers are the N-600/643 (Certificate of Citizenship), I-867 (Credible Fear Referral), and I-881 (NACARA). The USCIS was behind its target in the last quarter of FY2004 on I-140s (Immigrant Worker) and I-821s (TPS). Of course, the I-140 petitions are a major component in most employment-based immigration cases so nearly every person processing for permanent residency based on a job offer from a U.S. employer is affected. Therefore, additional delays in the processing of I-140s is not good news.
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Processing Goals in FY2005
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The USCIS intends to reduce I-485 processing times to fifteen months in FY2005. Other goals include reducing I-140 processing times to seven months, I-751 processing times to eleven months, N-400 processing times to ten months, and I-589 asylum applications processing times to fourteen months. For many of the other processing times for the monitored application types, the USCIS already meets its FY2005 goal for processing times.
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RFEs and Denials
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The USCIS reports that, in the third quarter, requests for evidence in I-485 cases were down twenty-two percent from the rate issued in the first two quarters of 2004. I-129 RFEs dropped one percent and I-140 RFEs dropped twelve percent. Denial rates for I-485s dropped two percent, I-140 denial rates and I-129 denial rates stayed the same at twenty-one percent and ten percent respectively.
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I-130 Preference Cases
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I-130s with priority dates not yet available continue to be no longer considered part of the backlog figures, due to USCIS policy not to process such cases until their priority dates are current. Though the priority dates have retrogressed for I-140s in the EB3 category, the USCIS has not indicated whether they continue to consider the I-140s for cases that are not current to be a part of the backlog, but it appears this remains their position, since these cases are still being processed.
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New Software
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The USCIS has begun the design phase of Tracking Applications for Benefits System (TABS), a new technological system for delivering consolidated end-to-end data on an individual's immigration benefits application process. This system is not expected to be in use until FY2007.
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Security
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The USCIS has established an Office of Fraud Detection and National Security (FDNS). The FDNS has worked with the Central Intelligence Agency (CIA) to incorporate their Name Trace process into the IBIS national security system. This is expected to result in slightly faster security checks. The FDNS is currently working with the U.S. Department of State (DOS) to determine whether USCIS can eliminate IBIS checks for overseas cases if the DOS is doing a similar security check on that case. These improvements are important for backlog reduction, since a significant amount of resources are devoted to security checks.
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We at The Law Office of Sheela Murthy, P.C. are pleased to update MurthyDotCom and MurthyBulletin readers on the USCIS's work to reduce backlogs and improve customer service to those seeking immigration benefits.