Addressing Employment-Based Visa Wait Times

There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including obtaining a labor certification from the Department of Labor, receiving approval on a petition for alien worker from U.S. Citizenship and Immigration Services (USCIS) (Form I-140) and obtaining an immigrant visa from the Department of State or being granted adjustment of status from USCIS. In addition, by law there are numerical limits on the number of people who can immigrate to the U.S. each year in most categories. You can see a more detailed explanation about the employment-based visa application process online.

Some readers have asked about the volume of employment applications and delays that have occurred in employment-based visa petition and adjustment application processing in late 2007 and early 2008. There were a number of factors that affected USCIS' handling of these cases during that time. Employers filed more than 234,000 petitions to sponsor foreign workers (Form I-140) as the Department of Labor cleared a large backlog of labor certification applications and implemented new regulations. Adjustment-of-status application filings also soared to nearly 300,000. We attribute the increase in adjustment application filings to a couple things. First, customers' anticipation of USCIS' filing fee increase in July 2007. Second, a unique opportunity for workers and their families to file adjustment applications based on the visa availability date announced in the July 2007 Immigrant Visa Bulletin. Many of these availability dates have since reverted, creating a backlog of adjustment applications that cannot be adjudicated until a visa becomes available.

A few months ago, a customer indicated his frustration that while he can monitor the Visa Bulletin to see how it moves month to month, he still has no idea how many people are waiting in line with pending adjustment applications or how long it may be before USCIS can process and approve his application. We know this customer is not alone! In response to that customer's request, we are working to make this information available on our Web site.

I understand the importance of becoming a permanent resident. I also recognize workers may rightly want to take advantage of the limited provisions in current law that allow certain applicants to change employers without affecting their ability to adjust status. As a result, USCIS has taken the following steps:

• USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
• USCIS is issuing employment authorization documents valid for two years, as needed.
• USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.

I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.

Mike Aytes
Acting Deputy Director, USCIS

Michelle Obama Visits Homeland Security

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Southwest Border

Last week I traveled to Mexico, with brief stops in California and Texas. The purpose of my visit was to meet with my foreign counterparts, assess the situation on the Southwest Border with respect to drug cartel violence, hear directly from federal, state, tribal, and local officials, and announce some additional resources we are deploying to the border to help Mexico in its fight against these dangerous cartels.

In California, I met with state and local leaders in San Diego, toured the border and visited the Otay Mesa port of entry – one of the busiest commercial ports on the Southwest border.

More than $400 million in Recovery Act funds is being directed to the Southwest border. This money will be used to upgrade infrastructure at the ports of entry, add technology and inspection equipment, and strengthen our surveillance and communications capabilities.

In Mexico, I visited with my foreign counterparts, and along with Attorney General Holder, attended an important conference on arms trafficking. The smuggling of guns is a serious problem and contributes to a lot of the violence we’re seeing in Mexico among the drug cartels and organized criminal networks.

To combat the problem, we are moving substantial resources to border, including more than 360 additional DHS officers and agents, license plate readers that will allow us to scan for suspect vehicles, southbound rail screening, and additional grant funding for state and local law enforcement. These measures will help us counter the flow of guns and cash into Mexico while protecting cities and communities along the border.

Finally, on my return, I stopped in Laredo, Texas to meet with community leaders, speak with members of the Laredo Border Enforcement Security Task Force (BEST), which is a multi-agency law enforcement team that fights criminal organizations and smugglers, and visit the Laredo port of entry. In recent weeks, we’ve made several significant seizures of cash and guns in Laredo, including more than $3 million discovered in a hidden compartment in the floor of a bus bound for Mexico.

Examples like this impede the ability of criminal organizations to fund their activities. Since the start of this fiscal year, CBP and ICE together have seized more than $55 million in cash, over 630 weapons, and nearly 125,000 rounds of ammunition.

We’re going to continue to keep the pressure on. I consider this a historic opportunity to help Mexico confront a serious threat that impacts the safety and security of both of our countries. We all have a stake in this fight, and here at the Department we’re going to continue to do our part to make sure we succeed.

Janet Napolitano

Secretary Discusses Southwest Border Security Efforts

April 3, 2009 (Laredo, Texas) - Secretary Napolitano, flanked by Texas Congressman Henry Cuellar, discusses Southwest Border security efforts at a press conference detailing the deployment of a variety of Department personnel and technology to the Southwest border in response to escalated violence in Mexico.

Napolitano Monitors Flooding in North Dakota and Minnesota

March 27, 2009 – Thomas Muir briefs Secretary Napolitano about the flooding in North Dakota and Minnesota at the National Operations Center. (DHS Photo/Bahler)