USCIS Service Center Operations Update : September 2009
Posted Oct 02, 2009
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It was fortunate for all in attendance to have Barbara Velarde, Chief of the USCIS Service Center Operations as guest speaker at the  September 23, 2009 Washington DC Chapter meeting of the American Immigration Lawyers Association (AILA). A number of attorneys from the Murthy Law Firm were present and some of the key points made are provided here for the benefit of our readers.
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Case Processing Targets
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Ms. Velarde discussed the USCIS's backlog elimination efforts, stating that a surge of assets (personnel) had been allocated to certain types of backlogged cases in order to meet goals. Targets have been met for backlog reduction.
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USCIS reinstated the I-140 premium processing service and is experiencing greater utilization of this service than expected. The higher rate of usage appears to be connected to the forward movement of the cutoff dates in the U.S. Department of State Visa Bulletin (DOS).
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The USCIS also met its target for use of FY2009 immigrant visa numbers, made available through the DOS. In addition to these I-485 approvals of cases for which immigrant visa numbers were available, the USCIS has also pre-adjudicated 170,000 cases at the USCIS service centers. These cases await visa number availability.
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Fewer Case Filings with the USCIS Result in Staff Reduction
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The USCIS is receiving fewer cases. Accordingly, it is reducing the number of USCIS workers, both contract workers and direct employees. The staff brought on for the backlog reduction effort was temporary.
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H1B Unemployment : No Grace Period
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As many MurthyDotCom and MurthyBulletin readers know, there is no legal grace period in H1B status following employment termination. Given the current economy, there have been suggestions that a grace period would be appropriate if an individual's job is terminated with little or no notice. Ms. Velarde advised that this issue has been discussed at the USCIS headquarters level. At this time, however, it is not under consideration.
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H1B RFEs on 75% of New H1B Cases / Consulting Company Issues
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The USCIS reports issuing RFEs on approximately 75 percent of the H1B petitions filed for the FY2010 cap. Many of these were the result of TARP funding and the late issuance of the new H1B forms. It was suggested that a way to reduce the number of RFEs for non-consulting positions, is to make it clear in the filing that it is onsite employment. We at the Murthy Law Firm have seen situations in which the USCIS has wrongly assumed that a position involves consulting work. The USCIS suggests using large font, bold letters with terms that specify the nature of the employment.
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Withdrawals of H1B Petitions by H1B Employers
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The rate of H1B petition withdrawals by H1B employers has been high. The Vermont Service Center (VSC) reported thousands of withdrawals in one month. At this point, the USCIS has "touched" or started processing about 96 percent of the H1B cap cases filed for FY2010. This means the cases have either been approved, denied, or are awaiting RFE response.
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H1B Memo Expected but Contention on End-Client Letters
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The USCIS is apparently working on a new memo regarding various H1B matters. It has been reviewed and undergone multiple drafts. One key source of internal contention involves end-client letters and contracts in the consulting company context.
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Inconsistencies Between CSC and VSC
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Apparently, USCIS Director Mayorkis is focusing on efforts to address inconsistent standards and procedures between the various USCIS service centers. The bi-specialization change has helped to address this problem to some extent. Recently, in order to identify problems with inconsistency, the California Service Center (CSC) transmitted a sampling of cases to the VSC to see if there was a difference in the decisions that would have been made. Clearly there needs to be a more uniform application of existing laws and policies. Denials at CSC are all reviewed by a supervisor.
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Further examples of differences between CSC and VSC appear in the length of the requests for evidence (RFEs) issued. CSC tends to issue RFEs on H1B cases that are short, perhaps a single paragraph. VSC issues lengthy RFEs, often spanning as much as five pages of text. They are working to address some of the extraneous requests in the RFEs.
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EB1 Filings Increased by 400 Percent
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Reportedly, the number of EB1 Extraordinary Ability (EA) filings has increased by 400 percent. The USCIS believes that this may be due to the slow movement of priority dates. Accordingly, individuals should expect many more EA denials, since the USCIS believes that most of the EA applicants are not likely not going to qualify for the EA category.
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Conclusion
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We at the Murthy Law Firm thank the USCIS and Ms. Velarde for taking the time to address these matters with us. We agree that there is a significant need to work toward consistency in case adjudications.