Immigration Benefits: Improvements Needed to Address Backlogs and Ensure Quality of Adjudications

GAO-06-20 November 21, 2005
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Summary

Long-standing backlogs of immigration benefit applications result in delays for immigrants, their families, and prospective employers who participate in the legal immigration process. In response to a statutory mandate to eliminate the backlog, the U.S. Citizenship and Immigration Services (USCIS) set a goal of September 30, 2006, to eliminate the backlog and adjudicate all applications within 6 months. This report examines (1) the status of the backlog, (2) actions to achieve backlog elimination and prevent future backlogs, (3) the likelihood of eliminating the backlog by the deadline, and (4) USCIS's quality assurance programs to achieve consistency of decisions while eliminating its backlog.

By June 2005, USCIS estimated it had reduced its backlog from a peak of 3.8 million cases to about 1.2 million. However, this estimate is not a measure of the number of pending cases older than 6 months--the definition of backlog used by the Immigration Services and Infrastructure Improvements Act of 2000. USCIS's current data systems cannot provide precise data on the age of all application types. A proposed technology transformation offers an opportunity to develop a case management system with this capability. USCIS has reduced its backlog mainly by increasing and realigning staff. To prevent future backlogs, USCIS will rely on additional staffing reallocation and technology transformation. However, the technology plan is in the early planning stages, and USCIS has not finalized its estimated cost or identified the gains it could yield. Despite progress, it is unlikely that USCIS will completely eliminate the backlog by the 2006 deadline. While it met fiscal year 2006 targets for half of the 15 backlogged application types, USCIS may have difficulty eliminating its backlog for two complex application types that constitute nearly three-quarters of the backlog. A backlog may also remain in offices where the volume of cases exceeds adjudicator staff capacity. Other factors, such as lengthy background checks, could also hinder USCIS's ability to achieve and maintain its backlog elimination goals. USCIS officials noted that its current plan is premised on current legislation and would be affected by proposed legislative changes that could impose additional demands on the agency. Aside from regular supervisory review, USCIS operates two programs to ensure the quality of its postadjudication decisions, yet neither program provides a systematic and inclusive review of all application types. One program reviews adjudicators' compliance with standard processes for two application types, and the other evaluates compliance with standard processes and the reasonableness of decisions rendered, but only for selected applications processed in four centers.



Recommendations

Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Implemented" or "Not implemented" based on our follow up work.

Director:
Team:
Phone:
Paul L. Jones
Government Accountability Office: Homeland Security and Justice
(202) 512-8777


Recommendations for Executive Action


Recommendation: To help determine the size of its backlog in a manner consistent with the definition in the Immigration Services and Infrastructure Improvements Act of 2000, the Secretary of Homeland Security should direct the Director of USCIS to develop and implement the capability to produce management reports on the actual age of individual benefit applications as soon as practicable in its long-term technology transformation process.

Agency Affected: Department of Homeland Security: Bureau of Citizenship and Immigration Services

Status: In process

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: To help ensure that USCIS has the information necessary to make sound strategic decisions regarding resource allocation--including staffing allocation and investment in technology transformation--and to inform Congress about expected gains from investments in technology, the Secretary of Homeland Security should direct the Director of USCIS to identify potential productivity gains and their effects on preventing future backlogs.

Agency Affected: Department of Homeland Security: Bureau of Citizenship and Immigration Services

Status: In process

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: To help ensure that USCIS has the information necessary to make sound strategic decisions regarding resource allocation--including staffing allocation and investment in technology transformation--and to inform Congress about expected gains from investments in technology, the Secretary of Homeland Security should direct the Director of USCIS to identify the potential effects of technology improvements on its staffing allocation plans.

Agency Affected: Department of Homeland Security: Bureau of Citizenship and Immigration Services

Status: In process

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: To improve its quality assurance efforts and to help ensure that benefits are provided only to eligible individuals, the Secretary of Homeland Security should direct the Director of USCIS to modify its quality assurance programs to address both adjudication process compliance and reasonableness of adjudicator decisions and expand coverage to all types of benefit applications.

Agency Affected: Department of Homeland Security: Bureau of Citizenship and Immigration Services

Status: In process

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.