Tag Archives: USCIS

USCIS Addressing Processing Times

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USCIS Addresses Problematic Processing Times

Our office has noticed that it is taking USCIS longer to issue receipt notices and biometrics notices. USCIS is languishing behind on some processing times. For O, P, and H-1B visa cases, its processing times are well-behind their stated goals. They are months behind those goals. Especially in the H-1B extension context, it is causing problems for employers and beneficiaries. Employment Authorization cases are also taking the limit and sometimes even longer to adjudicate. These delays result in real life consequences for applicants who have done their part in submitting their applications in a timely fashion. Realizing that the consequences of delays can be severe, USCIS has resolved to investigate the matters, review the caseload, and shift cases as need be between service centers.

If you have a pending case with USCIS, do not be surprised to receive a transfer notice. That is not a meaningful action that has been taken on your case. It is just notification that instead of your case, for example, being looked at by an adjudicator in Vermont, the adjudicator is in Nebraska. USCIS transfers cases when the workload is not evenly distributed or resources are not evenly distributed.

USCIS exhorts you to understand that these implementations will not occur immediately and quicker processing times will not be apparent immediately. They expect changes within the next few months.

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USCIS Workload Transfer Updates

USCIS often issues transfer notices to applicants who have a case pending with the Service. The reason for this is to speed up processing. For example, an applicant for work authorization may receive a transfer notice 45 days after her application is pending. In the case of work authorization, the Service is obligated to regulation to adjudicate the application within 90 days, so the transfer notice is to ensure that the regulation is followed. The Service has multiple service centers. While some have specialized functions (Texas and Nebraska adjudicate employment-based immigration petitions; Vermont handles U visas and VAWA cases; Vermont and California handle H-1B visas), many of their duties are shared. Petitions for Alien Relatives and Employment Authorization applications are often transferred.

This USCIS link explains all there is to the transfer and what that means. It also posts some of the common transfers occurring.

USCIS Processing Times

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USCIS Processing Times

Processing times have been released for USCIS applications. They are updated as of February 29, 2016. These are available for the service centers. Applications that are processed through the local field offices are not available in these updates. H-1B extensions are still taking an excruciatingly long time. Vermont is backed up to July 20, 2015. California is backed up to September 18, 2015. They are pretty much demanding that premium processing is needed for a timely decision. U visa applications are badly backed up. Employment authorization applications are also taking a long time. That is why there have been so many transfers to different service centers. Notably, there are still not available processing times for applications that are pending at the Potomac Service Center in Arlington, Virginia. Many Family-Based petitions, DACA, and Employment Authorization applications are being processed at the Potomac Service Center, which is designated as YSC in the receipt notice.

USCIS Conference Highlights

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Highlights from a Recent SCOPS Teleconference

Periodically, Service Center Operations Directorate has a teleconference or meeting with AILA to inquire upon important issues relating to USCIS petitions and applications. Here are some highlights from the teleconference with SCOPS earlier this month.

 

H-1B change of status and extension of status applications continue to take a frustratingly long time and there is little action on USCIS’ behalf to mitigate that problem. Their best advice is to file as early as possible.

If the petitioner files a Power of Attorney and includes it with the petition, the attorney can sign the forms for the petitioner on an employment-based petition.

Green Cards will not contain a hyphen. They will put a space instead, i.e. Smith Diaz instead of Smith-Diaz.

Both the Texas Service Centers and Nebraska Service Centers will follow Matter of H-V-P. This is an important AAO decision for National Interest Waiver cases.

USCIS confirmed that they adjudicate cases FIFO – First in First Out.

USCIS is actively processing U visa cases.

Green Cards Not Delivered

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Whoops: Green Cards Sent to Wrong Address

EB-5 pilot program

The Washington Post has reported a recent malfunction, resulting in USCIS sending hundreds of Permanent Resident (Green Cards) to incorrect addresses. This causes all sorts of headaches, involving USPS and USCIS, and unnecessary delays. It is important to make sure that you are updating your address with USCIS (and if applicable, the Immigration Court and Immigration and Customs Enforcement) whenever you move.

USCIS switched over to the ELIS system in 2012 for delivering Green Cards. A report from the Inspector General of the Department of Homeland Security notes that the number of incorrectly sent Green Cards has increased since then.