Re: Re: Re: Re: morpheus12 sounds to me like a Goverment Lawyer
Thanks to Rajiv and team for talking up such a cause.
As Morpheus and others have indicated, while it is important to keep the hopes running, I think we should consider what would be practical (within the boundaries of existing framework) for the USCIS bureaucracy can do in the short term.
Having read the posts in this message thread, it is my opinion that one of the most viable suggestions to put on negotiation table is the Expedited Processing of I140/485 for the following reasons.
1. While proposing a Expedited Processing Program for 140/485 applications, we are putting forth one of the solutions to the problem of backlog. While this may not be the best resolution to the problem, USCIS has already a similar program and replicating the same design may take less policy changes and implementation time.
2. One of the major reasons USCIS provide perpetually for the backlog is the lack of resource allocation towards EB based petitions. A Expedited Processing program would provide USCIS an opportunity to add resources; thus making an ‘operational change’ rather than a ‘policy change’, as needed by most of the other negotiation proposals.
3. I realize that under such a program, others who have filed after me may get their approvals ahead of me; I think such unfairness is far more tolerable than waiting almost indefinitely for adjudication from USCIS.
4. Paying extra for a deterministic time frame for adjudication is acceptable to me. I would happily part with that money as long as I know my applications are approved in a timely manner and I can break my dependency on an employer. In this uncertain economy, that extra fee is a small expense towards buying some peace of mind.
5. A Expedited Processing Program for 140/485 may even reduce the general backlogs as well. The H1B backlogs were substantially reduced during the initiation of the Expedited Processing Program in 2001.
6. Most of the other proposed measures require major policy changes on USCIS and may need even new laws and approvals from lawmakers.
7. Settlements like conditional GC status, indefinite validity of EAD, AP and FP, ‘complete freedom’ after 6 months of filing I-140/I485 etc. are only temporary and partial solutions. One would still not be a permanent resident even with all those measures and still may be dependent on the employer. Also, these may give more excuses to USCIS to push the backlog further.
8. As much as I would like to believe so, non-immigrants (legal aliens) do not have the same rights as Citizens and nor ever will. Hence claiming ‘constitutional rights’ would not go very far in a court of law.
9. USCIS or other agencies cannot care any less about the pain and suffering of non-immigrants. The original purpose of GC based on EB is to provide a pool of skilled workers for the US employers. If we can successfully show that the current backlogs will adversely affect the US economy, it may have some impact on the future laws.
10. Even when the litigation is taken up in a court, the principle of separation of power between executive and judicial branches, a judge may have limited capacity to issue a directive to USCIS to adjudicate the applications in a fixed time frame.
11. The law suit if ever went on in a court of law, may drag on for years, without a proper timely recourse.
When I assert that I support the proposal for a Expedited Processing Program, I am not itching to give extra money to USCIS nor am I selfish enough to say that others who might have applied later than me should wait for adjudication till my application is approved.
The ideal solution I would love to see is that USCIS processing the applications on a First In First Out basis, in a reasonable time frame (2-6 months) with the same existing fee, with a transparent due process. Working for such a solution should be the long-term objective.
proposals.
3. I realize that under such a program, others who have filed after me may get their approvals ahead of me; I think such unfairness is far more tolerable than waiting almost indefinitely for adjudication from USCIS.
4. Paying extra for a deterministic time frame for adjudication is acceptable to me. I would happily part with that money as long as I know my applications are approved in a timely manner and I can break my dependency on an employer. In this uncertain economy, that extra fee is a small expense towards buying some peace of mind.
5. A Premium Processing Program for 140/485 may even reduce the general backlogs as well. The H1B backlogs were substantially reduced during the initiation of the Premium Processing Program in 2001.
6. Most of the other proposed measures require major policy changes on USCIS and may need even new laws and approvals from lawmakers.
7. Settlements like conditional GC status, indefinite validity of EAD, AP and FP, ‘complete freedom’ after 6 months of filing I-140/I485 etc. are only temporary and partial solutions. One would still not be a permanent resident even with all those measures and still may be dependent on the employer. Also, these may give more excuses to USCIS to push the backlog further.
8. As much as I would like to believe so, non-immigrants (legal aliens) do not have the same rights as Citizens and nor ever will. Hence claiming ‘constitutional rights’ would not go very far in a court of law.
9. USCIS or other agencies cannot care any less about the pain and suffering of non-immigrants. The original purpose of GC based on EB is to provide a pool of skilled workers for the US employers. If we can successfully show that the current backlogs will adversely affect the US economy, it may have some impact on the future laws.
10. Even when the litigation is taken up in a court, the principle of separation of power between executive and judicial branches, a judge may have limited capacity to issue a directive to USCIS to adjudicate the applications in a fixed time frame.
11. The law suit if ever went on in a court of law, may drag on for years, without a proper timely recourse.
When I assert that I support the proposal for a Premium Processing Program, I am not itching to give extra money to USCIS nor am I selfish enough to say that others who might have applied later than me should wait for adjudication till my application is approved.
The ideal solution I would love to see is that USCIS processing the applications on a First In First Out basis, in a reasonable time frame (2-6 months) with the same existing fee, with a transparent due process. Working for such a solution should be the long-term objective.
