USCIS Responds to the CIS Ombudsman's 2008 Report
Posted Oct 24, 2008
©MurthyDotCom
On September 30, 2008, the U.S. Citizenship and Immigration Services (USCIS) issued a 2008 Comprehensive Response to the DHS CIS Ombudsman Report (PDF 167KB), in which the USCIS addressed recommendations and problem areas identified in the CIS Ombudsman's Annual Report. The USCIS response provided information on the current state of FBI name checks, visa usage, multi-year Employment Authorization Documents (EADs), information technology enhancements, customer service updates, and other matters, such as E-Verify and more effective scheduling of naturalization ceremonies.
©MurthyDotCom
USCIS Reports FBI Name-Check Backlog Elimination on Schedule
©MurthyDotCom
The USCIS reported being on target with regard to its general plan to eliminate FBI name-check backlogs. The agency indicates that it has met all of the target dates that have already passed and is on schedule for the remaining dates. According to the report, on May 31, 2008 the USCIS eliminated the backlog of cases with name checks pending for more than three years. As of July 31, 2008, the USCIS processed all cases with name checks pending for more than two years. November 30, 2008 is a target date for elimination of all name-check requests pending for more than one year. The USCIS is close to meeting this goal, having completed 93 percent of these cases. It has reduced by 87 percent the cases with name checks pending more than 180 days, with a target of eliminating this backlog by February 28, 2009. The ultimate goal is to process 98 percent of cases pending 30 days and the remaining two percent within 90 days by June 30, 2009.
©MurthyDotCom
As regular readers of MurthyDotCom and the MurthyBulletin will recall from our February 22, 2008 article, Adjustment Cases Delayed by Name Checks - February 2008, the USCIS adopted a new policy in February 2008. According to this policy, certain applications with FBI name checks still pending should be adjudicated after the name-check request has been pending for more than 180 days. This procedure is being utilized.
©MurthyDotCom
The goal of making available the Background Check System (BCS) as "an adjudicator-accessible database that stores the results of various background security checks on individual applicants" by spring 2008 has not been met. The USCIS conducted a comprehensive study on the matter and is currently reviewing the results to aid in the creation of an automated BCS system. It is expected that the BCS will expedite adjudication of cases in the future.
©MurthyDotCom
Adjudication of Employment-Based Cases : Visa Usage
©MurthyDotCom
The USCIS indicated its awareness of the public concern that "all available employment-based visas are not used each year." In order to address this problem, the USCIS Service Center Operations (SCOPS) hired a program manager whose duty is to serve as a liaison between the U.S. Department of State (DOS) and the USCIS to monitor the monthly flow of visa usage. Because of the new USCIS policy of adjudicating certain cases with FBI name check requests that have been pending for over 180 days, the USCIS has a greater pool of cases available for adjudication. This maximizes the usage of the visas available. The USCIS expressed optimism that these new policies should result in the usage of all available visas in the current fiscal year.
©MurthyDotCom
Extension of EADs to Two Years
©MurthyDotCom
To aid USCIS customers with long processing delays, the agency implemented a new procedure according to which the validity of an EAD is extended from one year to two years for certain cases. The issuance of the new two-year EAD cards began July 1, 2008.
©MurthyDotCom
USCIS Derives Revenue from Filing Fees
©MurthyDotCom
The USCIS report reminded the public that its funding comes from filing fees and, therefore, it "remains sensitive to cost considerations." The USCIS reserves the right, under current law, to review cost and fee structure every two years. According to the USCIS, it is currently allocating its revenue from sources such as premium processing fees, other Immigration Examinations Fee Accounts, and from previous years to fund needed modernization.
©MurthyDotCom
Technology Enhancements
©MurthyDotCom
Technology enhancements on which the USCIS reports it is currently working include the USCIS Secure Information Management Service (SIMS), which is the pilot program of a "web-based case management system to enable end-to-end electronic processing of inter-country adoption applications;" Enterprise Service Bus (ESB), which is a framework connecting USCIS, Immigration and Customs Enforcement (ICE), DOS, and US-VISIT systems; and modernization of other case management systems. The USCIS intends to use these systems to assist all partners with access, security, and data collection.
©MurthyDotCom
USCIS Will Not Provide Access to Individual Adjudicators
©MurthyDotCom
The USCIS report expressed disagreement with the concept of providing the general public with access to individual adjudicators. It indicated that the only customers who currently are able to access adjudicating officers are petitioners in inter-country adoption cases. The USCIS specifies that these individuals represent a very small portion of its customer pool. Adding more or all customers to this group, however, would create a serious burden on the USCIS that may jeopardize the ability of adjudicators "to focus on cases rather than inquiries from the public." Such services as the Case Status Online (CSOL) and the Service Request Management Tool (SRMT) are meant to assist individual applicants and petitioners with their inquiries.
©MurthyDotCom
Conclusion
©MurthyDotCom
The USCIS's comprehensive response to the CIS Ombudsman 2008 annual report includes a number of other topics not highlighted in this article. The matters highlighted here are selected based on the questions and concerns typically voiced by clients of the Murthy Law Firm. This USCIS response is a helpful source of information, meant to assist the government and the general public alike in understanding current trends, developments, and policies of the USCIS. It is also used as a mechanism to enhance efforts toward USCIS transition into a modern, transparent, customer-oriented service.