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Employment based immigration backlog petition
- Thread starter Edison
- Start date
I think Edison's petition is very well written.
We'll submit three parts. first, Edison's letter, second, appendix
pointing out all current problems and suggestions. (so the ombudsman can directly notify BCIS) third, some true stories
or testmonials.
http://boards.immigration.com/showthread.php?threadid=94664
We'll submit three parts. first, Edison's letter, second, appendix
pointing out all current problems and suggestions. (so the ombudsman can directly notify BCIS) third, some true stories
or testmonials.
http://boards.immigration.com/showthread.php?threadid=94664
Last edited by a moderator:
Guys,
I am putting efforts towards bringing a very good version of the letter. I will publish it by around 3pm. Then we can discuss it and any other versions. If possible we can send two versions to Rajiv and he can give his feedback.
Dengdeng,
please do not rush. Let's ask people here to comment on the final versions. Let's give atleast 3 or 4 hours for people to give comments.
Edison,
Are you trying to bring a new version ?
Is any one else working on new versions ?
I am putting efforts towards bringing a very good version of the letter. I will publish it by around 3pm. Then we can discuss it and any other versions. If possible we can send two versions to Rajiv and he can give his feedback.
Dengdeng,
please do not rush. Let's ask people here to comment on the final versions. Let's give atleast 3 or 4 hours for people to give comments.
Edison,
Are you trying to bring a new version ?
Is any one else working on new versions ?
Originally posted by dsatish
Guys,
I am putting efforts towards bringing a very good version of the letter. I will publish it by around 3pm. Then we can discuss it and any other versions. If possible we can send two versions to Rajiv and he can give his feedback.
Dengdeng,
please do not rush. Let's ask people here to comment on the final versions. Let's give atleast 3 or 4 hours for people to give comments.
Edison,
Are you trying to bring a new version ?
Is any one else working on new versions ?
Hi Guys,
Let me make it very clear I'm not working on any new version. I'm just consolidating the inputs from our forum members.
I posted my version 1.0 with inputs from kjkool, dengdeng and others. Then version 1.0 was modified based on inputs from YJay, mogli, frantic, dengdeng, cinta, topazb, sai-2367, 1amshantanuB and various other active members and was posted as version 2.0. Few minor suggestions were posted for version 2.0 by dengdeng and dsatish. So I'll modify version 2.0 and post that as version 2.1 , so that we'll have a petition with input from everyone.
Thanks.
Last edited by a moderator:
Verion 2.1
To Citizenship and Immigration Ombudsman
BCIS
Subject: Employment based Immigration backlog
Dear Mr. Prakash Khatri,
We would like to congratulate you on your appointment as the Citizenship and Immigration Ombudsman at Department of Homeland security. We, the immigrant community, have long awaited for someone with deep experience and liaisons with the industry like you to be appointed by Bureau of Citizenship and Immigration Services(BCIS) so that we could communicate effectively with BCIS.
We are writing this letter to request you to devise proper measures to reduce the processing time for employment based immigration applications and to convey the hardships caused to the applicants due to the perpetual delay in processing these applications.
Benefits of Employment based immigration
Immigration has been an integral part of America since its inception. Immigrants stimulate the United States economy in general, enrich American culture and enhance the United States influence in the world. Contrary to the popular myth that immigrants may take American's jobs, they have created employment opportunities for millions of Americans by developing new products and establishing business ventures. The continued success of the United States largely rests upon its successful pro-immigration policy.
Factors influenced backlogs of Employment based immigration applications
The radical change in the United States immigration policy has adversely affected the employment based immigration application processing. The process was further delayed due to
1. Temporary freeze of all immigration application processing for auditing and the enforcement of FBI security check in late 2002;
2. Incorporation of legacy INS into the newly created the Homeland Security Department as Bureau of Citizenship and Immigration Service (BCIS);
3. Shifting priority, by some service centers, to expedite processing of religious worker's immigration applications and to meet deadlines related to Temporary Protected Status (TPS) programs.
Problems of Employment based immigration applicants
The processing delay has caused immense hardships for the employment based immigration applicants. Some of the problems encountered by the immigration applicants due to the processing delay are
1. Difficult to obtain the case specific information after termination of customer service at all service centers and establishment of the National Customer Service Center (NCSC);
2. Employers discriminate their employees due to their ambiguous legal status;
3. Career advancement is hampered since the applicant has to maintain same or similar job as mentioned in the underlying labor certification;
4. Additional expenditure to renew the Employment Authorization Document (EAD) and the Advanced Parole for travel every year;
5. Innumerable obstacles to renew the driver license.
Solutions to reduce backlogs of Employment based immigration applications
Recently, Mr. Eduardo Aguirre, director of the Bureau of Citizenship and Immigration Services explained the reason for backlog of immigration applications. We are glad that he would give priority to reach the goal set by the President of the United states of America, Mr. George W. Bush to reduce wait times on immigration benefit applications to no more than 6 months by the end of 2006. However, we would welcome some imminent and intermediate actions to reduce the backlog of employment based immigration applications.
We would like to suggest few measures that would advocate backlog reduction of employment based immigration applications at BCIS.
1. We request BCIS to consider employment based immigration applications affected by the interminable delays as high priority and expedite their processing;
2. BCIS should consider the adversity of the employment based immigration applicants due to the perpetual delay in processing their immigration applications and it should recommend the interim Permanent residence for them
or
BCIS should consider issuing the Employment Authorization Document (EAD) and the Advanced Parole for travel with multiple year validity to stimulate the backlog reduction of immigration applications at BCIS;
3. Also, cost saving measures like
3.1 extending validity period of Finger printing report;
3.2 enhancing the online case status by providing the detailed information about the present status of the applications; and
3.3 accelerating the security check process.
will contribute towards the backlog reduction of immigration applications.
Immigrants have been crucial to America's dominance and dynamism in the global economy. Immigration policy must focus on the admission of individuals with high skills that will benefit American society. Legal immigration process has to be reformed and steps implemented to reduce massive backlog of employment based immigration applications, so that we could continue America's tradition of welcoming immigrants in to the United states while also providing proper comfort and security for all American citizens.
Sincerely,
Immigration applicants and their well wishers
To Citizenship and Immigration Ombudsman
BCIS
Subject: Employment based Immigration backlog
Dear Mr. Prakash Khatri,
We would like to congratulate you on your appointment as the Citizenship and Immigration Ombudsman at Department of Homeland security. We, the immigrant community, have long awaited for someone with deep experience and liaisons with the industry like you to be appointed by Bureau of Citizenship and Immigration Services(BCIS) so that we could communicate effectively with BCIS.
We are writing this letter to request you to devise proper measures to reduce the processing time for employment based immigration applications and to convey the hardships caused to the applicants due to the perpetual delay in processing these applications.
Benefits of Employment based immigration
Immigration has been an integral part of America since its inception. Immigrants stimulate the United States economy in general, enrich American culture and enhance the United States influence in the world. Contrary to the popular myth that immigrants may take American's jobs, they have created employment opportunities for millions of Americans by developing new products and establishing business ventures. The continued success of the United States largely rests upon its successful pro-immigration policy.
Factors influenced backlogs of Employment based immigration applications
The radical change in the United States immigration policy has adversely affected the employment based immigration application processing. The process was further delayed due to
1. Temporary freeze of all immigration application processing for auditing and the enforcement of FBI security check in late 2002;
2. Incorporation of legacy INS into the newly created the Homeland Security Department as Bureau of Citizenship and Immigration Service (BCIS);
3. Shifting priority, by some service centers, to expedite processing of religious worker's immigration applications and to meet deadlines related to Temporary Protected Status (TPS) programs.
Problems of Employment based immigration applicants
The processing delay has caused immense hardships for the employment based immigration applicants. Some of the problems encountered by the immigration applicants due to the processing delay are
1. Difficult to obtain the case specific information after termination of customer service at all service centers and establishment of the National Customer Service Center (NCSC);
2. Employers discriminate their employees due to their ambiguous legal status;
3. Career advancement is hampered since the applicant has to maintain same or similar job as mentioned in the underlying labor certification;
4. Additional expenditure to renew the Employment Authorization Document (EAD) and the Advanced Parole for travel every year;
5. Innumerable obstacles to renew the driver license.
Solutions to reduce backlogs of Employment based immigration applications
Recently, Mr. Eduardo Aguirre, director of the Bureau of Citizenship and Immigration Services explained the reason for backlog of immigration applications. We are glad that he would give priority to reach the goal set by the President of the United states of America, Mr. George W. Bush to reduce wait times on immigration benefit applications to no more than 6 months by the end of 2006. However, we would welcome some imminent and intermediate actions to reduce the backlog of employment based immigration applications.
We would like to suggest few measures that would advocate backlog reduction of employment based immigration applications at BCIS.
1. We request BCIS to consider employment based immigration applications affected by the interminable delays as high priority and expedite their processing;
2. BCIS should consider the adversity of the employment based immigration applicants due to the perpetual delay in processing their immigration applications and it should recommend the interim Permanent residence for them
or
BCIS should consider issuing the Employment Authorization Document (EAD) and the Advanced Parole for travel with multiple year validity to stimulate the backlog reduction of immigration applications at BCIS;
3. Also, cost saving measures like
3.1 extending validity period of Finger printing report;
3.2 enhancing the online case status by providing the detailed information about the present status of the applications; and
3.3 accelerating the security check process.
will contribute towards the backlog reduction of immigration applications.
Immigrants have been crucial to America's dominance and dynamism in the global economy. Immigration policy must focus on the admission of individuals with high skills that will benefit American society. Legal immigration process has to be reformed and steps implemented to reduce massive backlog of employment based immigration applications, so that we could continue America's tradition of welcoming immigrants in to the United states while also providing proper comfort and security for all American citizens.
Sincerely,
Immigration applicants and their well wishers
Edison,
It appears that your letter does not need any appendices. Is that so ? I am in two minds about this appendixces. On the one hand they help us put more info in the letter without compromising the size of the actual letter. On the otherhand, a letter without an appendix is shorter if you take the overall length.
I request other to give their opinion about having appendices.
It appears that your letter does not need any appendices. Is that so ? I am in two minds about this appendixces. On the one hand they help us put more info in the letter without compromising the size of the actual letter. On the otherhand, a letter without an appendix is shorter if you take the overall length.
I request other to give their opinion about having appendices.
Appendix:
Common problems of EB 485 waiters:
1) Cases longer than normal processing time not given higher priority. While some cases later as Apr/May 2002 are approved some Sep 2001 RD cases are still waiting for adjudication even though those cases are ready to be adjudicated. Service centers process cases randomly without chronological order has caused severe delay in cases which have been pending for 2 years.
2) Cases were issued RFE, after applicants submitted further evidence shortly, were not processed immediately, but delayed up to 5 months without any actions. For some cases finger print have expired, no second finger print notices were issued. These cases are virtually stagnant.
3) Cases longer than normal processing time, have not received second fingerprint notice even though fingerprints have expired for a long time. BCIS keep these cases at lowest priority. No updates since the first fingerprints were received. BCIS should send out second finger print notices to these case holders, and process their cases at the same time.
4) Cases completed second fingerprint are not adjudicated in a reasonable time but need wait at least 2 months from the date when fingerprint notices were issued. Some cases completed second fingerprint for over two months have no updates at all.
We suggest BCIS adjudicate these kind of cases immediately after fingerprints have been cleared by FBI.
5) No customer service to obtain useful information about a case staus. The NCSC service is very poor. Besides "your case is still pending", phone representatives can't provide any useful information which applicants or legal representatives would like to obtain. Furthermore, even though NCSC promised to send
applicants status update letter from service centers, few actually
received actual letters from BCIS. There is no way to trace the status requests. BCIS should retore service center customer services.
6) TPS, religious workers cases are given higher priority, while EB based applicants have been waiting for 2 years, which is unfair.
We have contributed greatly to the government by paying federal, state and social security taxes. We're diligent, hard working and talented foreign workers. But BCIS never gave favor to our case processing, leaving us in great agony, anxiety and stress. We strongly urge BCIS to expedite EB based 485 cases in the near future.
Common problems of EB 485 waiters:
1) Cases longer than normal processing time not given higher priority. While some cases later as Apr/May 2002 are approved some Sep 2001 RD cases are still waiting for adjudication even though those cases are ready to be adjudicated. Service centers process cases randomly without chronological order has caused severe delay in cases which have been pending for 2 years.
2) Cases were issued RFE, after applicants submitted further evidence shortly, were not processed immediately, but delayed up to 5 months without any actions. For some cases finger print have expired, no second finger print notices were issued. These cases are virtually stagnant.
3) Cases longer than normal processing time, have not received second fingerprint notice even though fingerprints have expired for a long time. BCIS keep these cases at lowest priority. No updates since the first fingerprints were received. BCIS should send out second finger print notices to these case holders, and process their cases at the same time.
4) Cases completed second fingerprint are not adjudicated in a reasonable time but need wait at least 2 months from the date when fingerprint notices were issued. Some cases completed second fingerprint for over two months have no updates at all.
We suggest BCIS adjudicate these kind of cases immediately after fingerprints have been cleared by FBI.
5) No customer service to obtain useful information about a case staus. The NCSC service is very poor. Besides "your case is still pending", phone representatives can't provide any useful information which applicants or legal representatives would like to obtain. Furthermore, even though NCSC promised to send
applicants status update letter from service centers, few actually
received actual letters from BCIS. There is no way to trace the status requests. BCIS should retore service center customer services.
6) TPS, religious workers cases are given higher priority, while EB based applicants have been waiting for 2 years, which is unfair.
We have contributed greatly to the government by paying federal, state and social security taxes. We're diligent, hard working and talented foreign workers. But BCIS never gave favor to our case processing, leaving us in great agony, anxiety and stress. We strongly urge BCIS to expedite EB based 485 cases in the near future.
Originally posted by Edison
Hi guys,
Version 2.1 was posted after modifying the letter based on suggestions from everyone.
Thanks.
Looks really good Edison, GOOD JOB. I am also not sure about appendices. As Rajiv said, petition should be simple and to the point.
Originally posted by dsatish
Edison,
It appears that your letter does not need any appendices. Is that so ? I am in two minds about this appendixces. On the one hand they help us put more info in the letter without compromising the size of the actual letter. On the otherhand, a letter without an appendix is shorter if you take the overall length.
I request other to give their opinion about having appendices.
Obviously Appendix will be there, there was no reference to the appendix since the letter was prepared when appendix was not.
Originally posted by dengdeng
well, Edison, please incorporate mine into your petition.
please point out about the second FP and RFE problem
more in detail. I doubt BCIS knows about the problem
they are very stupid
FP - we are requesting extension of the validity of FP.
RFE - What suggestion??? Probably I would have missed the comment. You can re-post the suggestion if not I'll check all the prior suggestions.
Edison, extending validity of finger print, this has to be approved by congress, won't be in time for us. "send out second finger print notice for all cases which finger pring have expired" instead.
RFE cases are not processed immediately. Actually, it has been inconsistent, some approved righ away, some waited 5 months and still no news.
RFE cases are not processed immediately. Actually, it has been inconsistent, some approved righ away, some waited 5 months and still no news.
Originally posted by dengdeng
Edison, extending validity of finger print, this has to be approved by congress, won't be in time for us. "send out second finger print notice for all cases which finger pring have expired" instead.
RFE cases are not processed immediately. Actually, it has been inconsistent, some approved righ away, some waited 5 months and still no news.
Sure. I'll include this.
To Citizenship and Immigration Ombudsman
BCIS
Subject: Employment based Immigration backlog
Dear Mr. Prakash Khatri,
We would like to congratulate you on your appointment as the Citizenship and Immigration Ombudsman at Department of Homeland security. We, the immigrant community, have long awaited for someone with deep experience and liaisons with the industry like you to be appointed by Bureau of Citizenship and Immigration Services(BCIS) so that we could communicate effectively with BCIS in the future.
We are writing this letter to request you to devise proper measures to reduce the processing time for employment based immigration applications and to convey the hardships caused to the applicants due to the perpetual delay in processing these applications.
Benefits of Employment based immigration
Immigration has been an integral part of America since its inception. Immigrants stimulate the United States economy in general, enrich American culture and enhance the United States influence in the world. Contrary to the popular myth that immigrants may take American's jobs, they have created employment opportunities for millions of Americans by developing new products and establishing business ventures. The continued success of the United States largely rests upon its successful pro-immigration policy.
Factors influenced backlogs of Employment based immigration applications
The radical change in the United States immigration policy has adversely affected the employment based immigration application processing. The process was further delayed due to
1. Temporary freeze of all immigration application processing for auditing and the enforcement of FBI security check in late 2002;
2. Incorporation of legacy INS into the newly created the Homeland Security Department as Bureau of Citizenship and Immigration Service (BCIS);
3. Shifting priority, by some service centers, to expedite processing of religious worker's immigration applications and to meet deadlines related to Temporary Protected Status (TPS) programs.
4. Lack of resources and efficiency. The number of adjudicators work on employee based green card petition is limited. Standard operating procedures have not been improved.
Common problems of Employment based immigration applicants
The processing delay has caused immense hardships for the employment based immigration applicants. Some of the problems encountered by the immigration applicants due to the processing delay are
1. Difficult to obtain the case specific information after termination of customer service at all service centers and establishment of the National Customer Service Center (NCSC);
2. Employers discriminate their employees due to their ambiguous legal status;(? don't like this part)
3. Career advancement is hampered since the applicant has to maintain same or similar job as mentioned in the underlying labor certification;
4. Additional expenditure to renew the Employment Authorization Document (EAD) and the Advanced Parole for travel every year;
5. Innumerable obstacles to renew the driver license in some states.
Proposed solutions to reduce backlogs of Employment based immigration applications
Recently, Mr. Eduardo Aguirre, director of the Bureau of Citizenship and Immigration Services explained the reason for backlog of immigration applications. We are glad that he would give priority to reach the goal set by the President of the United states of America, Mr. George W. Bush to reduce wait times on immigration benefit applications to no more than 6 months by the end of 2006. However, we would welcome some imminent and intermediate actions to reduce the backlog of employment based immigration applications.
We would like to suggest few measures that would advocate backlog reduction of employment based immigration applications at BCIS.
1. We request BCIS to consider employment based immigration applications affected by the interminable delays as high priority and expedite their processing, especially for cases have been pending longer than normal processing time.
2. BCIS should consider the adversity of the employment based immigration applicants due to the perpetual delay in processing their immigration applications and it should recommend the interim Permanent residence for them or BCIS should consider issuing the Employment Authorization Document (EAD) and the Advanced Parole for travel with multiple year validity to stimulate the backlog reduction of immigration applications at BCIS;
3. Also, improve the overall procedures by
3.1 extending validity period of Finger printing report or at least sending out second fingerprint notices immediately after or a month before the first fingerprint expiration date, eliminating the existing inconsistency in issuing second fingerprint notice; and
3.2 adjudicating RFE cases immediately after evidence have been submitted and cases ready to be adjudicated; and
3.3 enhancing the online case status by providing the detailed information about the present status of the applications, such as security check results, case assignment date and second finger print notice issued date; and
3.4 accelerating and automating the security check process will contribute towards the backlog reduction of immigration applications. adding a FBI service line to provide security check results same as fingerprint's will be appreciated.
Immigrants have been crucial to America's dominance and dynamism in the global economy. Immigration policy must focus on the admission of individuals with high skills that will benefit American society. Legal immigration process has to be reformed and steps implemented to reduce massive backlog of employment based immigration applications, so that we could continue America's tradition of welcoming immigrants in to the United states while also providing proper comfort and security for all American citizens.
Sincerely,
Immigration applicants and their
BCIS
Subject: Employment based Immigration backlog
Dear Mr. Prakash Khatri,
We would like to congratulate you on your appointment as the Citizenship and Immigration Ombudsman at Department of Homeland security. We, the immigrant community, have long awaited for someone with deep experience and liaisons with the industry like you to be appointed by Bureau of Citizenship and Immigration Services(BCIS) so that we could communicate effectively with BCIS in the future.
We are writing this letter to request you to devise proper measures to reduce the processing time for employment based immigration applications and to convey the hardships caused to the applicants due to the perpetual delay in processing these applications.
Benefits of Employment based immigration
Immigration has been an integral part of America since its inception. Immigrants stimulate the United States economy in general, enrich American culture and enhance the United States influence in the world. Contrary to the popular myth that immigrants may take American's jobs, they have created employment opportunities for millions of Americans by developing new products and establishing business ventures. The continued success of the United States largely rests upon its successful pro-immigration policy.
Factors influenced backlogs of Employment based immigration applications
The radical change in the United States immigration policy has adversely affected the employment based immigration application processing. The process was further delayed due to
1. Temporary freeze of all immigration application processing for auditing and the enforcement of FBI security check in late 2002;
2. Incorporation of legacy INS into the newly created the Homeland Security Department as Bureau of Citizenship and Immigration Service (BCIS);
3. Shifting priority, by some service centers, to expedite processing of religious worker's immigration applications and to meet deadlines related to Temporary Protected Status (TPS) programs.
4. Lack of resources and efficiency. The number of adjudicators work on employee based green card petition is limited. Standard operating procedures have not been improved.
Common problems of Employment based immigration applicants
The processing delay has caused immense hardships for the employment based immigration applicants. Some of the problems encountered by the immigration applicants due to the processing delay are
1. Difficult to obtain the case specific information after termination of customer service at all service centers and establishment of the National Customer Service Center (NCSC);
2. Employers discriminate their employees due to their ambiguous legal status;(? don't like this part)
3. Career advancement is hampered since the applicant has to maintain same or similar job as mentioned in the underlying labor certification;
4. Additional expenditure to renew the Employment Authorization Document (EAD) and the Advanced Parole for travel every year;
5. Innumerable obstacles to renew the driver license in some states.
Proposed solutions to reduce backlogs of Employment based immigration applications
Recently, Mr. Eduardo Aguirre, director of the Bureau of Citizenship and Immigration Services explained the reason for backlog of immigration applications. We are glad that he would give priority to reach the goal set by the President of the United states of America, Mr. George W. Bush to reduce wait times on immigration benefit applications to no more than 6 months by the end of 2006. However, we would welcome some imminent and intermediate actions to reduce the backlog of employment based immigration applications.
We would like to suggest few measures that would advocate backlog reduction of employment based immigration applications at BCIS.
1. We request BCIS to consider employment based immigration applications affected by the interminable delays as high priority and expedite their processing, especially for cases have been pending longer than normal processing time.
2. BCIS should consider the adversity of the employment based immigration applicants due to the perpetual delay in processing their immigration applications and it should recommend the interim Permanent residence for them or BCIS should consider issuing the Employment Authorization Document (EAD) and the Advanced Parole for travel with multiple year validity to stimulate the backlog reduction of immigration applications at BCIS;
3. Also, improve the overall procedures by
3.1 extending validity period of Finger printing report or at least sending out second fingerprint notices immediately after or a month before the first fingerprint expiration date, eliminating the existing inconsistency in issuing second fingerprint notice; and
3.2 adjudicating RFE cases immediately after evidence have been submitted and cases ready to be adjudicated; and
3.3 enhancing the online case status by providing the detailed information about the present status of the applications, such as security check results, case assignment date and second finger print notice issued date; and
3.4 accelerating and automating the security check process will contribute towards the backlog reduction of immigration applications. adding a FBI service line to provide security check results same as fingerprint's will be appreciated.
Immigrants have been crucial to America's dominance and dynamism in the global economy. Immigration policy must focus on the admission of individuals with high skills that will benefit American society. Legal immigration process has to be reformed and steps implemented to reduce massive backlog of employment based immigration applications, so that we could continue America's tradition of welcoming immigrants in to the United states while also providing proper comfort and security for all American citizens.
Sincerely,
Immigration applicants and their
Last edited by a moderator:
Edison: Here are my observations on your draft
1) My comments on your petition format:
1) Benefits of Employment based immigration
2) Factors influenced backlogs of Employment based immigration applications
3) Problems of Employment based immigration applicants
4) Solutions to reduce backlogs of Employment based immigration applications
In this format, basically we are trying to tell them what benefits they get, what factors influencing their process, what is the solution to their problem. Mind you, we may think we know what is going on in BCIS but the fact is we don’t know most of it. Also, it is not the right approach to interfere in others area especially when they are dictating terms.
In my opinion, we should make the format as below:
1) Who we are
2) Why this petition
3) What we want
4) How we contribute
5) Apndx.: only one - hardship faced by us (horror stories)
If you guys agree with this, you may refer to Version 3.0 posted by me in the same line.
Basically idea is to keep it short and to the point. Please appreciate none of those guys are going to read a big letter with many appendices. To me, it appears your petition with all those apndx. is going to be a very big letter.
I also agree with dsatish, let us send two versions to Rajiv to decide which one will be more effective.
2) However, my comments on your draft petition (version 2.1):
1) Benefits of Employment based immigration: It appears we are trying to preach them about the benefits of immigration, which I believe everyone is aware of. Especially the line you put “immigrants may take American's jobs” may actually work against us.
In my opinion, this Para is irrelevant having no value addition and should be removed.
2) The issue, I have raised earlier regarding timeframe to conduct interview with in reasonable time for local transfer cases has not been incorporated. This is an important issue and anyone can suffer due to this.
3) Refer point 2 under “Solutions…” – we should ask for interim GC or extended EAD without any restrictions.
Last but not the least, MY HATS OFF TO EDISON, CINTA, DSATISH AND EVERYONE INVOLVED IN THIS MOVE FOR DOING SPLENDID JOB
I will , however sign whatever is sent to BCIS.
1) My comments on your petition format:
1) Benefits of Employment based immigration
2) Factors influenced backlogs of Employment based immigration applications
3) Problems of Employment based immigration applicants
4) Solutions to reduce backlogs of Employment based immigration applications
In this format, basically we are trying to tell them what benefits they get, what factors influencing their process, what is the solution to their problem. Mind you, we may think we know what is going on in BCIS but the fact is we don’t know most of it. Also, it is not the right approach to interfere in others area especially when they are dictating terms.
In my opinion, we should make the format as below:
1) Who we are
2) Why this petition
3) What we want
4) How we contribute
5) Apndx.: only one - hardship faced by us (horror stories)
If you guys agree with this, you may refer to Version 3.0 posted by me in the same line.
Basically idea is to keep it short and to the point. Please appreciate none of those guys are going to read a big letter with many appendices. To me, it appears your petition with all those apndx. is going to be a very big letter.
I also agree with dsatish, let us send two versions to Rajiv to decide which one will be more effective.
2) However, my comments on your draft petition (version 2.1):
1) Benefits of Employment based immigration: It appears we are trying to preach them about the benefits of immigration, which I believe everyone is aware of. Especially the line you put “immigrants may take American's jobs” may actually work against us.
In my opinion, this Para is irrelevant having no value addition and should be removed.
2) The issue, I have raised earlier regarding timeframe to conduct interview with in reasonable time for local transfer cases has not been incorporated. This is an important issue and anyone can suffer due to this.
3) Refer point 2 under “Solutions…” – we should ask for interim GC or extended EAD without any restrictions.
Last but not the least, MY HATS OFF TO EDISON, CINTA, DSATISH AND EVERYONE INVOLVED IN THIS MOVE FOR DOING SPLENDID JOB
I will , however sign whatever is sent to BCIS.
Last edited by a moderator:
Version 2.2
To Citizenship and Immigration Ombudsman
BCIS
Subject: Employment based Immigration backlog
Dear Mr. Prakash Khatri,
We would like to congratulate you on your appointment as the Citizenship and Immigration Ombudsman at Department of Homeland security. We, the immigrant community, have long awaited for someone with deep experience and liaisons with the industry like you to be appointed by Bureau of Citizenship and Immigration Services(BCIS) so that we could communicate effectively with BCIS.
We are writing this letter to request you to devise proper measures to reduce the processing time for employment based immigration applications and to convey the hardships caused to the applicants due to the perpetual delay in processing these applications.
Benefits of Employment based immigration
Immigration has been an integral part of America since its inception. Immigrants stimulate the United States economy in general, enrich American culture and enhance the United States influence in the world. Contrary to the popular myth that immigrants may take American's jobs, they have created employment opportunities for millions of Americans by developing new products and establishing business ventures. The continued success of the United States largely rests upon its successful pro-immigration policy.
Factors influenced backlogs of Employment based immigration applications
The radical change in the United States immigration policy has adversely affected the employment based immigration application processing. The process was further delayed due to
1. Temporary freeze of all immigration application processing for auditing and the enforcement of FBI security check in late 2002;
2. Incorporation of legacy INS into the newly created the Homeland Security Department as Bureau of Citizenship and Immigration Service (BCIS);
3. Shifting priority, by some service centers, to expedite processing of religious worker's immigration applications and to meet deadlines related to Temporary Protected Status (TPS) programs.
4. Lack of resources and efficiency. The limited number of adjudicators working on employment based immigration applications. Standard operating procedures have not been improved.
Common Problems of Employment based immigration applicants
The processing delay has caused immense hardships for the employment based immigration applicants. Some of the problems encountered by the immigration applicants due to the processing delay are
1. Difficult to obtain the case specific information after termination of customer service at all service centers and establishment of the National Customer Service Center (NCSC);
2. Employers discriminate their employees due to their ambiguous legal status;
3. Career advancement is hampered since the applicant has to maintain same or similar job as mentioned in the underlying labor certification;
4. Additional expenditure to renew the Employment Authorization Document (EAD) and the Advanced Parole for travel every year;
5. Innumerable obstacles to renew the driver license.
Proposed Solutions to reduce backlogs of Employment based immigration applications
Recently, Mr. Eduardo Aguirre, director of the Bureau of Citizenship and Immigration Services explained the reason for backlog of immigration applications. We are glad that he would give priority to reach the goal set by the President of the United states of America, Mr. George W. Bush to reduce wait times on immigration benefit applications to no more than 6 months by the end of 2006. However, we would welcome some imminent and intermediate actions to reduce the backlog of employment based immigration applications.
We would like to suggest few measures that would advocate backlog reduction of employment based immigration applications at BCIS.
1. We request BCIS to consider employment based immigration applications affected by the interminable delays as high priority and expedite their processing;
2. BCIS should consider the adversity of the employment based immigration applicants due to the perpetual delay in processing their immigration applications and it should recommend the interim Permanent residence for them
or
BCIS should consider issuing the Employment Authorization Document (EAD) and the Advanced Parole for travel with multiple year validity to stimulate the backlog reduction of immigration applications at BCIS;
3. Also, improve the overall procedure by
3.1 extending validity period of Finger printing report or automatically schedule finger printing in timely manner before the expiry of the report;
3.2 adjudicating all the applications ready to be adjudicated immediately after submitting the additional requested evidence;
3.3 scheduling interview in timely manner for employment based immigration applications transferred to local BCIS office;
3.4 enhancing the online case status by providing the detailed information about the present status of the applications such as security check results, finger print request notice date, case assignment date and additional requested evidence details; and
3.5 accelerating the security check process and providing status of security check results similar to finger print status service.
Immigrants have been crucial to America's dominance and dynamism in the global economy. Immigration policy must focus on the admission of individuals with high skills that will benefit American society. Legal immigration process has to be reformed and steps implemented to reduce massive backlog of employment based immigration applications, so that we could continue America's tradition of welcoming immigrants in to the United states while also providing proper comfort and security for all American citizens.
Sincerely,
Immigration applicants and their well wishers
To Citizenship and Immigration Ombudsman
BCIS
Subject: Employment based Immigration backlog
Dear Mr. Prakash Khatri,
We would like to congratulate you on your appointment as the Citizenship and Immigration Ombudsman at Department of Homeland security. We, the immigrant community, have long awaited for someone with deep experience and liaisons with the industry like you to be appointed by Bureau of Citizenship and Immigration Services(BCIS) so that we could communicate effectively with BCIS.
We are writing this letter to request you to devise proper measures to reduce the processing time for employment based immigration applications and to convey the hardships caused to the applicants due to the perpetual delay in processing these applications.
Benefits of Employment based immigration
Immigration has been an integral part of America since its inception. Immigrants stimulate the United States economy in general, enrich American culture and enhance the United States influence in the world. Contrary to the popular myth that immigrants may take American's jobs, they have created employment opportunities for millions of Americans by developing new products and establishing business ventures. The continued success of the United States largely rests upon its successful pro-immigration policy.
Factors influenced backlogs of Employment based immigration applications
The radical change in the United States immigration policy has adversely affected the employment based immigration application processing. The process was further delayed due to
1. Temporary freeze of all immigration application processing for auditing and the enforcement of FBI security check in late 2002;
2. Incorporation of legacy INS into the newly created the Homeland Security Department as Bureau of Citizenship and Immigration Service (BCIS);
3. Shifting priority, by some service centers, to expedite processing of religious worker's immigration applications and to meet deadlines related to Temporary Protected Status (TPS) programs.
4. Lack of resources and efficiency. The limited number of adjudicators working on employment based immigration applications. Standard operating procedures have not been improved.
Common Problems of Employment based immigration applicants
The processing delay has caused immense hardships for the employment based immigration applicants. Some of the problems encountered by the immigration applicants due to the processing delay are
1. Difficult to obtain the case specific information after termination of customer service at all service centers and establishment of the National Customer Service Center (NCSC);
2. Employers discriminate their employees due to their ambiguous legal status;
3. Career advancement is hampered since the applicant has to maintain same or similar job as mentioned in the underlying labor certification;
4. Additional expenditure to renew the Employment Authorization Document (EAD) and the Advanced Parole for travel every year;
5. Innumerable obstacles to renew the driver license.
Proposed Solutions to reduce backlogs of Employment based immigration applications
Recently, Mr. Eduardo Aguirre, director of the Bureau of Citizenship and Immigration Services explained the reason for backlog of immigration applications. We are glad that he would give priority to reach the goal set by the President of the United states of America, Mr. George W. Bush to reduce wait times on immigration benefit applications to no more than 6 months by the end of 2006. However, we would welcome some imminent and intermediate actions to reduce the backlog of employment based immigration applications.
We would like to suggest few measures that would advocate backlog reduction of employment based immigration applications at BCIS.
1. We request BCIS to consider employment based immigration applications affected by the interminable delays as high priority and expedite their processing;
2. BCIS should consider the adversity of the employment based immigration applicants due to the perpetual delay in processing their immigration applications and it should recommend the interim Permanent residence for them
or
BCIS should consider issuing the Employment Authorization Document (EAD) and the Advanced Parole for travel with multiple year validity to stimulate the backlog reduction of immigration applications at BCIS;
3. Also, improve the overall procedure by
3.1 extending validity period of Finger printing report or automatically schedule finger printing in timely manner before the expiry of the report;
3.2 adjudicating all the applications ready to be adjudicated immediately after submitting the additional requested evidence;
3.3 scheduling interview in timely manner for employment based immigration applications transferred to local BCIS office;
3.4 enhancing the online case status by providing the detailed information about the present status of the applications such as security check results, finger print request notice date, case assignment date and additional requested evidence details; and
3.5 accelerating the security check process and providing status of security check results similar to finger print status service.
Immigrants have been crucial to America's dominance and dynamism in the global economy. Immigration policy must focus on the admission of individuals with high skills that will benefit American society. Legal immigration process has to be reformed and steps implemented to reduce massive backlog of employment based immigration applications, so that we could continue America's tradition of welcoming immigrants in to the United states while also providing proper comfort and security for all American citizens.
Sincerely,
Immigration applicants and their well wishers