02/11/2004: USCIS Dilemma and Option to Reduce Vicious Circle of Backlogs
Ever since the legacy INS initiated Zero Tolerance Policy, the USCIS field offices have been intensively scrutinizing eligibility of petitions and applications. Apparently, the driving force behind this changed practice is the field offices' and adjudicators' fear factor for the potential liability for approval of defective petitions/applications. Accordingly, the USCIS has taken it as a policy or practice to double check the eligibility of petition or application immediately prior to adjudication of the petitions and applications. Delay of processing times exacerbates the situation. Lately, most of the I-485 applicants had to go through re-fingerprinting process. Additionally, they tend to receive RFE in majority of cases, because of the passage of time, requesting the evidence that the petitioned job continues to exist. It does not end at the I-485 proceedings. Lately, I-140 petition has witnessed a tremendous delay to a level of even one year or longer. As related to this delay, the I-140 petitioners, even if they had already submitted such evidence, started receiving RFE from the Service Centers to provide upto-date evidence that the petitioner had a financial ability to pay the proffered salary. It appears that such RFEs are sent out immediately prior to adjudication of I-140 petitions. In some cases, such RFEs demand an extensive set of financial records and documents.
Without doubt, these RFEs should add a tremendous amount of workloads to the already exacerbating processing delays. In a way, it creates a vicious circle. One time, Nebraska Service Center adopted a practice allowing the petitioners or applicants to submit such evidence "proactively" such that the agency could save their workloads of processing of RFEs and Responses to the RFEs. The proactive supply of the required evidence should work if the petitioners or applicants are informed of the fairly accurate processing times of each type of cases. When the processing times are not predictable by the agencies themselves, it may not work well. However, it is submitted that it may be worthwhile for the USCIS to try the "proactive submission of evidence by petitioners or applicants" to alleviate the current on-going vicious circle of delays.
For the USCIS to launch the proactive evidence practice, they should prepare and release a well thought-out guideline carefully stipulating the type of evidence the applicant or petitioner should collect and submit to the agencies in different types of petitions and applications. We urge the USCIS to consider this option as soon as possible.
from immigration-law.com
Ever since the legacy INS initiated Zero Tolerance Policy, the USCIS field offices have been intensively scrutinizing eligibility of petitions and applications. Apparently, the driving force behind this changed practice is the field offices' and adjudicators' fear factor for the potential liability for approval of defective petitions/applications. Accordingly, the USCIS has taken it as a policy or practice to double check the eligibility of petition or application immediately prior to adjudication of the petitions and applications. Delay of processing times exacerbates the situation. Lately, most of the I-485 applicants had to go through re-fingerprinting process. Additionally, they tend to receive RFE in majority of cases, because of the passage of time, requesting the evidence that the petitioned job continues to exist. It does not end at the I-485 proceedings. Lately, I-140 petition has witnessed a tremendous delay to a level of even one year or longer. As related to this delay, the I-140 petitioners, even if they had already submitted such evidence, started receiving RFE from the Service Centers to provide upto-date evidence that the petitioner had a financial ability to pay the proffered salary. It appears that such RFEs are sent out immediately prior to adjudication of I-140 petitions. In some cases, such RFEs demand an extensive set of financial records and documents.
Without doubt, these RFEs should add a tremendous amount of workloads to the already exacerbating processing delays. In a way, it creates a vicious circle. One time, Nebraska Service Center adopted a practice allowing the petitioners or applicants to submit such evidence "proactively" such that the agency could save their workloads of processing of RFEs and Responses to the RFEs. The proactive supply of the required evidence should work if the petitioners or applicants are informed of the fairly accurate processing times of each type of cases. When the processing times are not predictable by the agencies themselves, it may not work well. However, it is submitted that it may be worthwhile for the USCIS to try the "proactive submission of evidence by petitioners or applicants" to alleviate the current on-going vicious circle of delays.
For the USCIS to launch the proactive evidence practice, they should prepare and release a well thought-out guideline carefully stipulating the type of evidence the applicant or petitioner should collect and submit to the agencies in different types of petitions and applications. We urge the USCIS to consider this option as soon as possible.
from immigration-law.com