eFiling to Start for I-765s and I-90s in May 2003!
Posted May 02, 2003

The Bureau of Citizenship and Immigration Services (BCIS) expects to begin electronic filing by the end of May 2003 for two forms that make up 30% of the filings received by BCIS. These forms, familiar to many MurthyDotCom and MurthyBulletin readers, are Form I-765 (Application for Employment Authorization) and I-90 (Application for Replacement of Green Card). The target date to implement eFiling for these two forms is May 29, 2003. The forms were selected, in part, because they are short, relatively easy, and do not require extensive supporting documentation. They also allow the BCIS to obtain certain identifying information in person, such as the photographs, fingerprints, and signatures.

eFiling Procedure

This change is quite significant. Once the system goes into effect it will be possible to file the applications over any Internet connection. The applicants will receive immediate electronic confirmation of receipt. The required photographs and fingerprints are submitted later, through scheduled appointments at the Application Support Center. The applicant sets the appointment with the National Customer Service Center at 800-375-5283, rather than waiting to receive an appointment notice. Since the BCIS will now have digital photographs and fingerprints, the new documents will have enhanced security features. The regulation allows for electronic signatures, but the press releases indicate that signatures will be collected at the same time as photos and fingerprints.

One important element that is conspicuously absent is how the fees will be collected. A call to the BCIS shed no light on this issue. Apparently, the instructions have not yet been provided. It would seem payment would have to be made by credit card or other electronic funds transfer prior to acceptance of the filings. We will provide more information on details of this nature as they become available.

Additional Forms to be Added in Fall 2003

The BCIS plans to expand the electronic filing system by Fall 2003. The targeted forms include the I-129, Petition for Nonimmigrant Worker used for H and L petitions as well as other nonimmigrant worker petitions. Also targeted are: Form I-140, Immigrant Petition for Alien Worker; Form I-131, Application for Travel Document (Advance Parole and Reentry Permit), Form I-539, Application to Extend / Change Nonimmigrant Status; Form I-907, Request for Premium Processing; and I-821, Application for Temporary Protected Status.

Top 12 Forms in Three Years

The 12 most common forms filed with BCIS make up 90 to 95% of the filings made. All of the targeted forms listed above are in the top 12 forms. The remaining four forms not targeted at this time are slated for eFiling within the next 3 years. These additional high volume forms are: I-130 (Immigrant Petition for Alien Relative); I-485 (Application to Adjust Status); I-751 (Petition to Remove Conditions on Residence); N-400 (Application for Naturalization); and N-600/N-643 (Application for Certificate of Citizenship).

Paper Processing Still Available

The paper processing option will remain available in addition to eFiling. There was no information provided with respect to phasing out paper processing. It would seem necessary to continue with paper processing for an indefinite period, given that certain substantial portions of the immigrant population might not have Internet access or familiarity with computers or even, in some cases, have the required educational levels to use computers.

More Efficiency Expected

eFiling is intended to make the immigration process more efficient while enhancing security. As regular MurthyDotCom and MurthyBulletin readers know, the process of waiting for an Employment Authorization Document (EAD) can be quite frustrating and delays can cause much hardship. We certainly hope that EADs will be issued in a faster and more efficient manner. This would be a welcome change. We will update our readers as more information becomes available on the implementation of eFiling at the BCIS to provide faster service to our clients!