Employment based immigration backlog petition

Version 2.2

To all,
Version 2.2 posted after implementing the changes suggested by dengdeng and topazB.
 
Here is my latest version. Please read and post your remarks. I have included good points of several other versions (v 2.0, v3.0,
kjkool etc). I will call it as version 3.1

version 3.1

To,
Mr Prakash Khatri
Citizenship and Immigration Ombudsman
Dept of Homeland Security.

Subject : Request for reducing the huge backlog for Employment based I485 applications (Application to Register Permanent Residence / Greencard)

First, we would like to congratulate you on your appointment as the Citizenship and Immigration Ombudsman at Department of Homeland security. For the past one year, we have been a voiceless group and we are passing through very difficult times because of the slow progress of our applications at California, Nebraska, Texas and Vermont Service centers. In your appointment, we see our only hope of our voice being heard at BCIS.

The Processing Delays
Till last year, in most of the service centers (except Texas) Employment based I485 applications used to take less than 1 year for approval. But with the introduction of additional security checks and shortage of staff at BCIS, the I485 application process time has now increased to more than 19 months at all the service centers, with Texas Service Center already taking more than 2 years. Worse, this processing time is increasing from each passing month with BCIS officially changing it (increasing it) every month.

Our Hardships
The severe processing delays, is affecting our lives enormously. We are not sure of our future, we can not take some important decisions in our lives and our career advancement is hampered because the applicant has to remain with the same employer (or) similar job. The employers are taking advantage of the above restrictions and the severe processing delays have only helped in extending this forced bondage. A general feeling of frustration over these ever-swelling waiting periods is very negatively affecting all of us.

Our Contribution to America
We all came to this country when it desperately needed speciality skilled workers. We played an important role in American companies establishing and maintaining
their lead in global markets and we are now an integral part of almost every major American company. Our presence is critically important for the growth of American business and American Economy. While pursuing our American dream, we will continue to make our contribution towards maintaining the lead enjoyed by American businesses in the free world.

President Bush's promise
President Bush made a pledge to reduce the Immigration and Citizenship processing times for all types of applications to less than 180 days. While we understand the practical difficulties being faced by BCIS, we feel that no serious effort was made by BCIS to reduce the processing time of Employment based I485 applications, to less than 1 year. If BCIS does not take bold and decisive steps now, soon the processing times will reach 36 months or more.

Our Expectations
We request you to understand our pathetic situation and help us make our voice heard at BCIS. Some of our main suggestions are listed below :

1. Give higher priority to Employment Based I485 applications
2. Automate / improve the Name check and Security check.
3. Automate the overall approval process
4. Increase the validity period of Finger Printing
5. Eliminate need for EAD and Advance Parole renewal
6. Better Customer Service over phone. We should be able to know the exact status
of our applications.
7. Initiation of a special backlog reduction drive for Employment based I485
applications. It should be taken as a project.
8. Allott some adjudicators to exclusively work on old cases (which have Receipt
date prior to the current processing month, but not yet approved).
9. Conditional approval for cases where BCIS did not get final results of Name or
Secuity check.
10. Finally, please get back to us with what BCIS is going to do on these suggestions.


We request you to discuss all the above issues with senior BCIS officials and inform us of the decisions taken. Once again we congratulate you on becoming the Citizenship and Immigration Ombudsman and we see in you, a bright opportunity for us to communicate with BCIS about the issues facing us.


Regards,
Employment based I485 Applicants





Attachments
Appendix A : Hardships faced by EB I485 applicants due to processing delays
Appendix B : Explanation of Suggested Solutions
 
dengdeng,
umambiguous legal status - I mean to say about the AOS or EAD since we have lot of discrimination at work due to this but legally there should be no discrimination but that's different issue.

topazB,
I agree with you on lot of issues but I can't implement all my views. We have to consider other forum members views.
Benefits of immigration - Everyone is aware of this but let us refresh their thoughts.
Factors influencing Backlog - This was initiated and suggested by dengdeng. Even I feel we are interfering in their area but our EB GCs got low priority due to some of the points mentioned here.
"Immigrants may take American jobs" - We are just telling them they are wrong providing explanation. I strongly believe that most conservative American think like that.
Interview at local BCIS - suggestion incorporated.
Interim GC or extended EAD without any restrictions - I understand that interim GC is without any restriction but if they are not for that then they can opt for mutiple year EAD. If you think different, please explain.
 
Appendix B
---------------

Explanation of Suggested Solutions

1. Give higher priority to Employment Based I485 applications :
Each time some task is given priority, it is being taken up at the expense of
Employment Based I485 applications. Some of these tasks include TPS,
Religious workers cases, Asylee cases etc. While we appreciate the urgency attached to these tasks, BCIS should not do this at the expense of EB – I485 applications. On an average each of us are living in this country for more than 6 years, paying huge Taxes and there by making contribution to public coffers which enables the government to pay wages to all the government employees including BCIS employees, Defence, State and other local bodies. So it should be understood that we are as important, if not, more important, to this country than any one who has recently entered this country as a Asylee or Religiuos worker.
2. Automate the Name check and Security check :
Name check and security and check processes should be fully automated. If BCIS
Currently has automated systems, then improvements should be made to these
processes so that they work more efficiently.
3. Automating the overall approval process :
After an applicant is finger printed, the application simply sits in the queue for its turn to be picked up by an officer. The application remains in this idle state for more than an year. This is mainly due to high application volume, shortage of staff, delays in security check etc. We understand these practical constraints and hence we feel that the only solution, without involving new legislation, is to automate the process. The I485 application approval process should be automated so that all the applicants who passed the Name check, Security Check and Medical Check, will automatically get approved. This will reduce the processing time to less than 1 year. The medical exam results should also be automated. BCIS should modify the Medical examination form so that the Doctor will check one of the following options : Pass (or) fail. All the applications with the pass option should be eligible for automatic approval. Only those applications which failed in either name check, Medical check or Security check, should be handled manually.
4. Increase the validity period of Finger Printing :
Refinger printing after 15 months, is causing a main delay to the main process.
Changes should be made so that Finger printing results can be stored for more
than 15 months.
5. Eliminate need for EAD and AP renewal :
The EAD renewal is severely affecting the I485 processing because this is of higher priority. BCIS should think of suitable strategies so that there would not be any need for EAD renewal. One of the suggestions is to automate the approval process. Determine the priority of the EAD application when it is received. If it is a first time EAD, then work on it only if the H1B visa expires very soon. Otherwise, it should be set for automatic approval after 5 or 6 months. If it is a renewal application, then it should be set for automatic approval 45 days before the expiration of the current EAD.
6. Improved Customer Service :
The current customer service over phone is not satisfactory. We are not getting any information about what happened to our applications. They are only noting our questions and saying that they will send us a written notification within 4 weeks. Most of the time these written notices contain the same matter as published on the online status web page. They do not give any details about what is causing the delay in approval and they do not tell us when we can expect the approval. The cover of uncertainty and mystery should be removed from the process and BCIS should be more transparent and more efficient in their customer service, both online and over the phone.
7. Initiate Backlog reduction drive :
BCIS should make an action plan to reduce the backlog of Employment based I485 cases. The action plan should have defined milestones, it should be transparent and it should be effective. BCIS should dedicate one or two months in near future, for Employment based I485 cases (Example : BCIS declares December’2003 as a month dedicated to reducing the backlogs of EB I485 applications).
This is especially required because BCIS has never given top priority to our cases in the recent past, where every other type of cases (Religious, TPS, Asylee) was given higher priority and processed in a timely manner.
8. Clearing the Old cases :
Currently there are many instances where BCIS is processing the applications received in a particular month, where as thousands of applicants of previous months are not approved. BCIS should seriously address this issue. We suggest that BCIS should allocate some adjudicators to exclusively work on the old cases.
Also BCIS should improve their systems so that they can get to know when they receive some update on an old (pending) case. Currently it appears that the concerned adjudicators are getting any signals when a particular pending case( pending due to name or security check ) receives the required information from other systems or applicants.
9. Conditional Approval of I485 :
If for a given application, BCIS could not get any reply from FBI or CIA within a reasonable time (say 3 months), then BCIS should approve that application with a note saying that if they receive any negative report on the candidate, he will be called for interview and the Greencard can be revoked. This will put an end to endless waiting suffered by some applicants due to resource problems at other security agencies.
10. Feedback on this petition and above requests :
We request BCIS to get back to us through a public statement about what actions they are planning to take to reduce the backlog for Employment based I485 applications.
 
dsatish, see my comments in blue


1.Give higher priority to Employment Based I485 applications :
Each time some task is given priority, it is being taken up at the expense of Employment Based I485 applications. Some of these tasks include TPS, Religious workers cases, Asylee cases etc. While we appreciate the urgency attached to these tasks, BCIS should not do this at the expense of EB – I485 applications. On an average each of us are living in this country for more than 6 years, paying huge Taxes and there by making contribution to public coffers which enables the government to pay wages to all the government employees including BCIS employees, Defence, State and other local bodies. So it should be understood that we are as important, if not, more important, to this country than any one who has recently entered this country as a Asylee or Religiuos worker.
2. Automate the Name check and Security check :
Name check and security and check processes should be fully automated. If BCIS Currently has automated systems, then improvements should be made to these processes so that they work more efficiently. In addition, BCIS or FBI should provide a line for applicants to check name check status, same as fingerprint results check at FBI.
3. Automating the overall approval process :
After an applicant is finger printed, the application simply sits in the queue for its turn to be picked up by an officer. The application remains in this idle state for more than an year. This is mainly due to high application volume, shortage of staff, delays in security check etc. We understand these practical constraints and hence we feel that the only solution, without involving new legislation, is to automate the process. The I485 application approval process should be automated so that all the applicants who passed the Name check, Security Check and Medical Check, will automatically get approved. This will reduce the processing time to less than 1 year. The medical exam results should also be automated. BCIS should modify the Medical examination form so that the Doctor will check one of the following options : Pass (or) fail. All the applications with the pass option should be eligible for automatic approval. Only those applications which failed in either name check, Medical check or Security check, should be handled manually.too aggressive, there're many complicated issues than those three checks, however, I like the ideal that doctor simply check yes or no, since this is not going to be implemented immediately, can you move this part down to the end
4. Increase the validity period of Finger Printing :
Refinger printing after 15 months, is causing a main delay to the main process. Changes should be made so that Finger printing results can be stored for more than 15 months.
However, for current cases which fingerprint results have expired,
BCIS should send out 2nd fingerprint notice immediately, or simply allow applicants to go fingerprinting at local support center
using first finger print notice.

5. Eliminate need for EAD and AP renewal :
The EAD renewal is severely affecting the I485 processing because this is of higher priority. BCIS should think of suitable strategies so that there would not be any need for EAD renewal. One of the suggestions is to automate the approval process. Determine the priority of the EAD application when it is received. If it is a first time EAD, then work on it only if the H1B visa expires very soon. Otherwise, it should be set for automatic approval after 5 or 6 months. If it is a renewal application, then it should be set for automatic approval 45 days before the expiration of the current EAD.
6. Improved Customer Service :
The current customer service over phone is not satisfactory. We are not getting any information about what happened to our applications. They are only noting our questions and saying that they will send us a written notification within 4 weeks. Most of the time these written notices contain the same matter as published on the online status web page, [COLOR]not mention many times those promised written notices are not received at all. [/COLOR] They do not give any details about what is causing the delay in approval and they do not tell us when we can expect the approval. The cover of uncertainty and mystery should be removed from the process and BCIS should be more transparent and more efficient in their customer service, both online and over the phone.
7. Initiate Backlog reduction drive :
BCIS should make an action plan to reduce the backlog of Employment based I485 cases. The action plan should have defined milestones, it should be transparent and it should be effective. BCIS should dedicate one or two months in near future, for Employment based I485 cases (Example : BCIS declares December’2003 as a month dedicated to reducing the backlogs of EB I485 applications). This is especially required because BCIS has never given top priority to our cases in the recent past, where every other type of cases (Religious, TPS, Asylee) was given higher priority and processed in a timely manner.
8. Clearing the long delayed cases :
Currently there are many instances where BCIS is processing the applications received in a particular month, where as thousands of applicants of previous months are not approved. BCIS should seriously address this issue. We suggest that BCIS should allocate some adjudicators to exclusively work on the old cases.
Also BCIS should improve their systems so that they can get to know when they receive some update on an old (pending) case. Currently it appears that the concerned adjudicators are getting any signals when a particular pending case( pending due to name or security check ) receives the required information from other systems or applicants.
9. Conditional Approval of I485 :
If for a given application, BCIS could not get any reply from FBI or CIA within a reasonable time (say 3 months), then BCIS should approve that application with a note saying that if they receive any negative report on the candidate, he will be called for interview and the Greencard can be revoked. This will put an end to endless waiting suffered by some applicants due to resource problems at other security agencies. this is conflict to what BCIS said in Jan, that they can't approve a case pending secruity check. I think we should change this to "Conditional approval of I-485 pending security check. Once a case is approved, employee proof is no longer needed, and status online will be updated with "conditional approved" message. After security check has passed, service center will send the approval notice and applicants can get stamped. This is consistent with that local offices procedures and will be a major improvement "
10. Feedback on this petition and above requests :
We request BCIS to get back to us through a public statement about what actions they are planning to take to reduce the backlog for Employment based I485 applications. We welcome conference calls with BCIS officials to talk about various issues.
 
Denddeng,
I admire your speed, dedication and patience. It's amazing how quickly you read the whole thing. I will definitely make changes based on your comments. The changes may not be exactly as you noted, but i will definitely incorporate most of them. I will update the word document on my PC.
 
Edison: - what I meant by extended EAD without restriction is that there should not be any kind of restriction w.r.t. job title, job description and salary. We should be free to take any job.
 
dsathis: Somewhere we need to bring out that "we are tax paying community and contributing to the society immensely" preferably under " Our Contribution to America”.
 
dsathis: Thanks for pointing out. But look I missed it and I can tell you for certain that they will miss it too. I wish at least few reads the letter and understand our problems..

How about putting it on the body of the main letter under our contribution...

It is small change ..I am Ok
 
Originally posted by topazB
Edison: - what I meant by extended EAD without restriction is that there should not be any kind of restriction w.r.t. job title, job description and salary. We should be free to take any job.

Interim GC or extended EAD without any restrictions - I understand that interim GC is without any restriction but if they are not for that then they can opt for mutiple year EAD.
If we change multiple year EAD to multiple year EAD without restriction then there will be no difference between multiple year EAD without restriction and interim GC. Interim GC suggestion takes care of your view.
 
Edison: What I meant:

An interim GC means someone will be eligible for all the benefits of GC where as extended EAD without restriction means there won't be any restriction w.r.t job title, scope and salary but would not be eligible for other benefits such as unemployment allowances, etc.

Hope I am able to make my point clear this time.
 
Yes. I have read both

Originally posted by dengdeng
where is Rajiv? Has he read our petitions?

I am working on putting together the final version. The first draft from me is attached. I am not done yet.
 
Rajiv, will the ombudsman and government officials reading our post on this board?(you gave them the link) Will our opinions posted on the board affected our cases?

I'm kind of worried, if there will be any negative actions on our cases since we critized BCIS a lot on this board. Will our email addresses and profiles be kept private to the government officials?

Thanks!
 
Rajiv, one mistake, that was from dsatish's document, and you probably didn't notice, it should be "2002" not "2003" in "
People who have applied in 2003 have been accorded their I485 approvals, whence persons who applied in 2000 or 2001 are still waiting for BCIS’s responses." BCIS has approved up to May/2002 cases but never 2003 cases. This is a typo.
 
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