PainfulGC123
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10/28/2004: Backlog Reduction, System Reengineering, and Accompanying Issues of Unfairness in Immigration Process
The immigration processing pipeline has been clogged with chronic aiments producing mountains of backlogs and the involved government agencies have been struggling to deal with the clogged pipeline. Lately, both U.S. Department of Labor and U.S. Department of Homeland Security, Citizenship and Immigration Services, launched so-called reengineering of the system allegedly to reduce the backlogs.
We salute the agencies for their efforts to deal with the chronic ailment through reorganization and reshuffling of the process. However, we should not ignore inequity and unfairness which these reduction plans and initiatives currently produce because of the flaws in the plans or implementation of the plans. For instance, the USCIS launched so-called Pilot Programs in certain locations that allow processing of green card applications less than 90 days when hundreds and thousands of other people in the long pipeline are suffering from a long delay. Implementation of Pilot Program not only raises the issue of geographical inequity and unfairness but also raises eyebrows because of the way program is implemented. Reportedly even in the same location, some lucky applicants are selected for the Pilot Program processing and other applicants are not selected for the Pilot Program processing without a clear guideline. Furthermore, there is no known target date when the Program will be expanded to other locations giving the identical services to the consumers in other locations.
On the permanent labor certification front, the U.S. Department of Labor just released its reorganization removing the labor certification function from the State and Regional Offices of ETA to the National Program Office of the DOL and creating two sets of national processing centers: National Processing Centers for post January 1, 2005 applications and Backlog Reduction Centers for Pre-January 1, 2005 applications. The guiding rule for processing of applications for both of these national processing centers is First-In First-Out. For the Backlog Reduction Centers, there are more than 300,000 cases in the queue and recent filers and prospective files during November and December 2004 are likely to be placed at the end of the national queue for each type of proceedings (Regular, RIR, Limited Review Processing, Faculty Special Handling, etc.). Meanwhile those applications that are filed after January 1, 2005 are likely processed by the new National Processing Centers in Atlanta and Chicago that do not have any cases in the pipeline other than those cases which have been "opened" and may be able to process such new applications of different types in a relatively short period of time. If the newly created National Processing Centers are created for the purpose of PERM Program which is distinguished from the current labor certification system not only in the the procedure but also the substantive requirements for eligibility, the issue of unfairness and inequity between the old filers and the new filers is minimized. However, if the unfair treatment is created just because of the reorganization and not driven by justifiable changes in the substantive standards and procedural rules, such action is dubious at best.
We realize that reforms tend to produce accompanying pains, but the government should excert its efforts not to create a misunderstanding of arbitrariness in administration and management of the programs. It is hoped that the PERM regulation be cleared by OMB and published in the federal register very quickly and the newly created National Processing Centers carry out their intended mission of the new electronic filing system such that the sense of arbitrariness be removed in the minds of public at least on the front of labor certification application management. We urge again the USCIS to make public its plan for expansion of the Pilot Program as soon as possible so that the people do not suffer from the feeling of unfairness.
SOURCE:
http://www.immigration-law.com
under breaking news.
The immigration processing pipeline has been clogged with chronic aiments producing mountains of backlogs and the involved government agencies have been struggling to deal with the clogged pipeline. Lately, both U.S. Department of Labor and U.S. Department of Homeland Security, Citizenship and Immigration Services, launched so-called reengineering of the system allegedly to reduce the backlogs.
We salute the agencies for their efforts to deal with the chronic ailment through reorganization and reshuffling of the process. However, we should not ignore inequity and unfairness which these reduction plans and initiatives currently produce because of the flaws in the plans or implementation of the plans. For instance, the USCIS launched so-called Pilot Programs in certain locations that allow processing of green card applications less than 90 days when hundreds and thousands of other people in the long pipeline are suffering from a long delay. Implementation of Pilot Program not only raises the issue of geographical inequity and unfairness but also raises eyebrows because of the way program is implemented. Reportedly even in the same location, some lucky applicants are selected for the Pilot Program processing and other applicants are not selected for the Pilot Program processing without a clear guideline. Furthermore, there is no known target date when the Program will be expanded to other locations giving the identical services to the consumers in other locations.
On the permanent labor certification front, the U.S. Department of Labor just released its reorganization removing the labor certification function from the State and Regional Offices of ETA to the National Program Office of the DOL and creating two sets of national processing centers: National Processing Centers for post January 1, 2005 applications and Backlog Reduction Centers for Pre-January 1, 2005 applications. The guiding rule for processing of applications for both of these national processing centers is First-In First-Out. For the Backlog Reduction Centers, there are more than 300,000 cases in the queue and recent filers and prospective files during November and December 2004 are likely to be placed at the end of the national queue for each type of proceedings (Regular, RIR, Limited Review Processing, Faculty Special Handling, etc.). Meanwhile those applications that are filed after January 1, 2005 are likely processed by the new National Processing Centers in Atlanta and Chicago that do not have any cases in the pipeline other than those cases which have been "opened" and may be able to process such new applications of different types in a relatively short period of time. If the newly created National Processing Centers are created for the purpose of PERM Program which is distinguished from the current labor certification system not only in the the procedure but also the substantive requirements for eligibility, the issue of unfairness and inequity between the old filers and the new filers is minimized. However, if the unfair treatment is created just because of the reorganization and not driven by justifiable changes in the substantive standards and procedural rules, such action is dubious at best.
We realize that reforms tend to produce accompanying pains, but the government should excert its efforts not to create a misunderstanding of arbitrariness in administration and management of the programs. It is hoped that the PERM regulation be cleared by OMB and published in the federal register very quickly and the newly created National Processing Centers carry out their intended mission of the new electronic filing system such that the sense of arbitrariness be removed in the minds of public at least on the front of labor certification application management. We urge again the USCIS to make public its plan for expansion of the Pilot Program as soon as possible so that the people do not suffer from the feeling of unfairness.
SOURCE:
http://www.immigration-law.com
under breaking news.