USCIS Releases Backlog Elimination Plan to Congress
Posted Jun 25, 2004
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We at The Law Office of Sheela Murthy, P.C. are often asked by our clients and by MurthyDotCom and the MurthyBulletin readers how the U.S. Citizenship and Immigration Services (USCIS) plans to reduce their backlogs. The growing backlogs at the USCIS have caused a stir and concern in Congress, with employers, employees, and families all complaining to their elected representatives and demanding some action. In response to this pressure, on June 16, 2004, Eduardo Aguirre, Jr., Director of the USCIS, revealed the USCIS Backlog Elimination Plan to Congress. Under this plan, all applications and petitions will be processed in 6 months or less by the end of fiscal year (FY) 2006 - that means before September 30, 2006.
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History
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The immigration benefits backlog initially began because there was a 77% increase in immigration benefits applications from FY1993 to FY2001. Despite this increased demand, additional resources were not available quickly enough to meet these needs. The Legacy Immigration and Naturalization Service (Legacy INS) issued a Backlog Elimination Plan in March 2002. Under this plan, the backlog would have been eliminated by the end of 2003. However, this plan did not take into account the impending changes that resulted from the events of September 11, 2001. Therefore, issues such as implementing NSEERS and SEVIS, the abolition of the INS and formation of the Department of Homeland Security (DHS), and rules requiring additional security checks and limiting the validity period for those checks were not taken into account. At present, NSEERS and SEVIS duties have transferred to U.S. Immigration and Customs Enforcement (ICE), and the USCIS, now over a year old, is in position to seriously review the backlog issue. The 35-day limit for security checks, which often requires multiple checks for one file, is an on-going reality that has been calculated into the new plan.
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Current Situation
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The USCIS defines a backlogged case essentially as any case that has been with the USCIS more than three to six months from any given date, depending on the case type and the target processing times. Based on this definition, the USCIS has determined that there were approximately 3.4 million cases in the backlog at the end of 2003.
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At present, the worst backlog is in the petitions for relatives, Form I-130, with 81% of the cases backlogged. The current average waiting time for adjudication of Form I-130 is 35 months or almost 3 years! Of course, this is due in part to the lower priority in processing given to Form I-130 for those relatives with substantially backlogged priority dates. Because many of the categories of relatives cannot benefit from the I-130s for at least several years, even with an approval, these cases were viewed as far less urgent.
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One form that does create problems due to the backlogs is Form I-131, when used for reentry permits. This type of case has a 72% backlog, with an average processing time of 11 months. Many MurthyDotCom and MurthyBulletin readers are familiar with the I-140 Petitions filed in connection with employment-based immigration cases. These petitions have a 31% backlog, also with an average time of 11 months. Another familiar form with extended processing times is the Application for Adjustment of Status, Form I-485. These applications have an average processing time of 23 months (or approximately 2 years), resulting in a 62% backlog.
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The USCIS believes that Applications for Change / Extension of Status, Form I-539, should be processed within 3 months. Therefore, though the average processing time is currently 4 months, the USCIS calculates a 45% backlog in I-539 cases. Finally, citizenship applications, Form N-400s, have a 57% backlog, with the average decision time of 14 months. Clearly, the backlogs are a problem and lengthy adjudications create numerous difficulties and unjust situations.
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Backlog Reduction Plan
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There are currently more than 6 million cases pending at the USCIS, with an average annual receipt of nearly 6 million cases. Therefore, until the backlog is reduced, the USCIS has estimated that they will need to adjudicate more than 7 million cases per year. This level of effort represents almost a 20% increase in productivity for the USCIS.
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The USCIS has developed milestones for particular cases for which backlogs are an issue. The goal, essentially, is to reduce the processing time for each type of backlogged case each year.
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I-130 Goals :
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An example of the milestones for the most backlogged petition, the I-130 shows an improvement that, if accomplished, would be quite remarkable. The I-130 petitions are targeted to be reduced from the current 35-month processing time to a 30-month processing time by the end of this fiscal year. This processing time will then, under the plan, be further reduced to 16 months by the end of FY2005, and to 6 months by the end of FY2006.
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Reentry Permits :
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Another example is the I-131 reentry permit cases. These will not have any changes this year, but they are projected to drop to 7 months by the end of FY2005 and to 3 months by the end of FY2006.
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I-140/I-485 :
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Of interest to many of our MurthyDotCom and MurthyBulletin readers, the I-140 petitions are expected to drop to an average of 8 months by the end of this fiscal year, down to 7 months by the end of the next fiscal year, and to 6 months by the end of FY2006. The plan for I-485s is a small decrease in processing times to 20 months by the end of FY2004, followed by an ambitious goal of 15 months in FY2005, and to 6 months by FY2006.
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Other Forms :
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Applications for change / extension of status, Form I-539, are actually expected to increase to 5 months by the end of FY2004, drop back to 4 months in FY2005, and settle at 3 months in FY2006. Citizenship applications, Form N-400, should remain at 14 months through FY2004, drop to 10 months in FY2005, and drop to 6 months in FY2006. The USCIS will provide quarterly reports to Congress on their progress towards these goals.
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To implement these goals and avoid the creation of new problems, the USCIS has already begun some pilot initiatives to improve processing times. Other plans are pending, all directed at improving processing times. These include conducting risk assessments to determine where resources are spent on the I-90 process to cull cases in which permanent resident status is not recorded. Of significance to all involved in the immigration process, there are efforts to reduce the number of Requests for Evidence (RFEs). The percentage of applications / petitions receiving RFEs has climbed from averages of 20-25% to closer to 50%. This is extremely time consuming and, in many instances, unnecessary.
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Other ideas include pre-certifying business viability and ability to pay for large and mid-size companies who are seeking nonimmigrants to fill their jobs. This would eliminate the need to separately review and evaluate these issues with every petition. The USCIS is also developing National Standard Operating Procedures to ensure more uniformity in processing and is piloting an end product review process at Service Centers to determine decision quality. Further, they are creating a new case management system that will replace older, piece-meal systems.
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Conclusion
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We applaud the USCIS for the frank assessment of their backlog situation and their measurable plans to improve processing times. While it is too early to tell whether new USCIS policies and procedures will be uniformly helpful to those seeking immigration benefits, we at The Law Office of Sheela Murthy will continue to monitor these efforts and inform MurthyDotCom and MurthyBulletin readers of the implications of any developments that result from this plan.