July 21, 2009

6th Annual CIS Ombudsman Report

The CIS Ombudsman has submitted its 2009 Annual Report to Congress. The Ombudsman made eight formal recommendations to U.S. Citizenship and Immigration Services (USCIS). Key recommendations affecting employment-based cases are below:

• The Ombudsman recommends that USCIS immediately begin scanning immigration files that are likely to be needed for future adjudications. Digitizing cases for future use would increase agency processing efficiency.
• The Ombudsman recommends that USCIS review processing methods for employment-based petitions between the Nebraska and Texas Service Centers to make American Competitiveness in the Twenty-First Century Act (AC21) portability provisions equally available to all customers. This provision provides Adjustment of Status applicants with flexibility in changing employers when there are delays in adjudication. Currently there is no defined method or process for applicants to notify USCIS of changes in employment and ensure that case files are properly updated.

The report also discusses challenges with USCIS’ fee funding structure. USCIS is dependent on filing fees to finance its operations. In 2007 USCIS changed its Fee Rules and increased fees in an effort to improve application processing procedures and timing. However, USCIS has received substantially less petitions and applications over the past reporting period, leading to lower fee revenues. This reduction is expected to impact processing times and availability of resources.

Last year’s report focused on the high issuance rate of Requests for Evidence on pending cases, which were burdensome for both the Service and for petitioners and applicants. Over the past reporting period, USCIS has made an effort to post tip sheets for each type of application and petition in order to reduce the need for Requests for Evidence. Notwithstanding these efforts, many visa categories, including H-1B and L-1 continue to experience substantial Requests or Evidence.

More information regarding the CIS Ombudsman is available at http://www.dhs.gov/xabout/structure/editorial_0482.shtm.