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The Ombudsman recommends that USCIS provide a breakdown of all cases that have not been completed by number of months pending and application type. This data will provide a better understanding of the true nature of USCIS’ backlog to determine if USCIS achieved a six-month processing standard from start to finish for all applications.
The Ombudsman recommends reform of employment-based green card application processes to limit annual applications to a number that will not exceed visa availability, while also reducing abuse of the process by those who seek interim benefits through fraud or misrepresentation. The following recommendations emphasize real-time accountability and effective communication between USCIS and Department of State (DOS): 1) Track data relating to employment-based green card applications at the time of filing with USCIS, including immigrant visa classifications, priority dates, and countries of chargeability. Currently, USCIS does not collect these vital data on employment-based green card applications upon acceptance for processing. These data are noted by contractors as part of the intake process, but not systematically captured. This leaves USCIS unable to provide DOS with accurate data regarding these applications. Therefore, DOS must set cutoff dates without a clear understanding of pending applications. Data that are currently captured by contract staff should be forwarded to DOS for use in more accurately determining how many visas will be used. 2) Assign visa numbers to employment-based green card applications as they are filed with USCIS. By assigning visa numbers to these applications upon receipt, USCIS will ensure that it will not accept more applications than it can legally process. When USCIS denies such applications, it must notify DOS immediately so that the visa can be reallocated.
The Ombudsman recommends that USCIS process I-130 petitions as soon as they are received. This would prevent the substantial cost involved in storing and retrieving the applications as well as the resources expended for follow-ups, customer inquiries, address changes, etc.
The Ombudsman encourages USCIS to adopt the recommendation from the DHS Secretary’s Second Stage Review to establish an adjudication process in which all security checks are completed prior to submission of the petition or application for an immigration benefit.
There are at least two impediments to USCIS implementing the cost and resource savings inherent in up-front and expedited (premium type) processing. As case backlogs grew, USCIS became reliant on the filing fee revenue to fund other unfunded programs. By expecting USCIS to be largely self-funded through fees, Congress created competing demands for USCIS management. USCIS must ensure revenue streams are adequate for the entire agency. At the same time, eliminating backlogs and improving USCIS efficiency risks the agency cutting off a significant percentage of its revenue. Unless alternative revenue sources are identified that are not dependent on slow processing or a backlog of cases, USCIS will have difficulty foregoing fee-based revenue without running afoul of anti-deficiency laws. Under the current USCIS financial structure, USCIS simply cannot afford to eliminate the backlogs or slow processing of regular applications.
Based on the findings of Secretary Chertoff’s Second Stage Review, the Ombudsman suggests that Congress consider a revolving fund account or other appropriated funding source for USCIS. A revolving fund used to defray current costs would be replenished from future fees and would: (1) enable the agency to test innovative processes; (2) address unexpected program requirements from new legislation; (3) avoid potential temporary anti-deficiency concerns; and (4) encourage USCIS leadership to innovate processes instead of continuing programs which do not enhance customer service, efficiency, and national security, but nevertheless generate essential revenue.
The Ombudsman recommends that USCIS leadership support such local direct communication initiatives nationally to replace the Service Request Management Tool (SRMT) tracking system. Otherwise, the SRMT system should use Tier 2 responders whose access to USCIS systems allows them to alleviate the burden on field offices and service centers.
The Ombudsman recommends that USCIS should incorporate into its Application Support Center (ASC) contract the ability to use the underutilized ASC staff in co-located facilities to assist field office operations.
The USCIS Vermont Service Center suggested sending green cards by “return receipt requested,” but USCIS Headquarters rejected this idea. The Ombudsman recommends that USCIS implement this simple solution. It requires a small expenditure up-front but would save significant time and resources, while enhancing customer service.
Currently, USCIS only reviews applications and petitions to ensure that fees are paid and forms are signed. When the form is otherwise not complete or when the applicant is not eligible for the claimed benefit, USCIS will deny the case usually after expenditure of considerable time and resources. Regulations require submission of applications and petitions according to the instructions on the forms. In adhering to its regulations and requiring application and petition packages to be complete before accepting them, USCIS would improve efficiency and customer service. Checks for necessary documents should be made before an application fee is accepted via a thorough pre-screening process. This process would prevent customer dissatisfaction from the number of later requests for additional documents, while also allowing USCIS to forego time-consuming denial procedures.
The Ombudsman currently is evaluating several solutions to address the issue of mulitple filings for foreign national spouses. In the meantime, to prevent the waste of resources and address customer concerns that originally prompted the legislation, the Ombudsman recommends that USCIS consolidate and rapidly process petitions for spouses and children of U.S. citizens. This would prevent duplication of processes and alleviate the need to use the provisions set forth in the legislation.
The Ombudsman recommends that USCIS implement “wrap around” security checks, which would provide it with real time security updates from the law enforcement community on applicants who violate criminal laws. Wrap-around security checks contemplate an arrangement with law enforcement to inform USCIS of any new security concerns that arise without the need for USCIS to require additional biometrics or name checks from the applicant. Currently, USCIS periodically conducts duplicate security checks instead of law enforcement providing an update on USCIS applicants after the initial check. Current resources used for duplicative security and biometrics checks would become available for other agency needs.
To enhance national security, lower costs to USCIS, avoid generating revenue from an inefficient process, and improve customer service, the Ombudsman recommends: (1) improvements in USCIS fingerprint storage and retrieval capabilities; and (2) use of innovative technology that allows for the capture of flat fingerprints rather than traditional rolled prints.
The Ombudsman recommends that USCIS implement premium-type processing for all regular processed applications at a uniform cost to the applicant. Implementation of this recommendation would save the agency some resources that it currently expends for repeated actions in regular processing. It also would have a tremendous positive impact on customer service and efficiency at no additional net cost to the agency.
As stated by DHS Secretary Chertoff: “Part of the problem is that the current business model fosters a long delay between application and the final adjudication of applications for residence and citizenship, during which many applicants stay here as temporary residents . . . .[T]his system puts some of the most important security screening at the end of a lengthy process rather than the beginning, and leads to an unnecessarily high rate of rejection late in the process.”
Conducting security screening after a foreign national has submitted an application for an immigration benefit raises several problems: (1) prolongs processing times, often due to circumstances beyond USCIS control; (2) hinders backlog reduction efforts; (3) allows ineligible foreign nationals, who may be a security threat, to apply for and obtain interim benefits (EADs and travel documents) while the application is pending; (4) slows further immigration benefits processing because issuance of requests for additional evidence and denials are time-consuming for USCIS adjudications officers; (5) exposes USCIS to litigation for long-pending applications; and (6) increases customer case status inquiries for long-pending applications. Although the majority of background and security checks are resolved within hours or days of initiation, the small percentage of FBI name checks that do not clear on a timely basis represent a substantial and problematic workload for USCIS.
Resolving possible FBI name checks “hits” is time consuming and resource-intensive for both the FBI and USCIS. Current USCIS policies require that all checks must be complete and current before an adjudications officer can make a final determination on a primary immigration benefits application. By completing security checks prior to accepting an application for immigration benefits: (1) inquiries about delayed security checks from Congress, the public, and the media would be focused on the precise source of the delays. Today, scrutiny is on USCIS processing times, which are delayed by other agencies; (2) fees would become more transparent and set specifically to cover the costs of the screening; and (3) USCIS resources would be focused on accomplishing the agency’s primary mission of determining immigration eligibility. The Ombudsman recommends that USCIS implement a pre-application security screening process consistent with the Secretary’s vision. Such a process would allow DHS to identify threats early in benefits application processes, while maximizing efficiency in adjudications processes.
This page was last modified on August 28, 2007