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After two years of travel restrictions, consulate closures and reduced operating capacity, the U.S. immigration system faces a tough climb to resume full functionality. Although U.S. Citizenship and Immigration Services (USCIS) recently announced that in anticipation of an “exceptionally high” number of employment-based visas available this fiscal year it is committed to “attempting to use all these visa numbers,” green card processing delays continue to dismay employers and foreign nationals alike. Because many unused green cards go to waste at the end of the fiscal year, without further action from USCIS, these delays will unnecessarily deprive tens of thousands of eligible immigrants of permanent legal resident status this year. With record numbers of employment based green card applications waiting in line, any wasted green card causes wait times to increase even further.
To its credit, USCIS has already taken some practical steps to improve green card processing, including waiving interviews for some employment-based green card applicants. The agency also released guidance encouraging employers to transfer eligible applicants to the first- and second-preference employment-based categories where more numbers are available.
However, given the practical realities of processing delays, budgetary shortfalls and the high number of unused green cards last year, combined with ongoing pandemic uncertainty, companies and foreign national employees remain concerned that the government will again fail to issue the full number of green cards by the end of the current fiscal year on September 30, 2022.
As immigration attorneys who formerly served at USCIS, we recognize the operational challenges to efficient green card processing, the impact of green card delays on U.S. businesses and their employees who are waiting in long queues, and the need for further changes. To improve USCIS’s chance to fully utilize available visa numbers, we suggest four actions USCIS should take.
First, USCIS should designate “tiger teams” at each Service Center that would tackle the required number of cases to reach the cap and provide proper supervisory review to ensure the integrity of each case. Originally utilized by NASA to avert disaster on the Apollo 13 mission, tiger teams consist of experienced specialists selected for their experience, energy, and imagination, who will focus on addressing institutional problems and streamlining processes to achieve their goals. USCIS has used tiger teams in the past and should reinstate this approach to create dedicated teams that will relentlessly focus on green card processing hindrances and improve performance.
Second, USCIS should reduce the volume of cases sent to its Field Offices for interview by setting up an effective waiver process for cases posing no eligibility or security concerns. Where USCIS does require interviews, it should conduct them via video whenever appropriate so that any Field Office with capacity can adjudicate the case. This would help avoid scheduling challenges associated with arranging in-person interviews at Field Offices around the country and prevent delays.
Third, the agency should extend the validity of the required medical exam for green card applicants. Last summer, USCIS temporarily extended the validity from two years to four years, but that policy expired Oct. 1, 2021. Re-implementing the longer validity period for medical exams would help alleviate additional delays by reducing the frequency of applicants having to renew their medical examinations.
Finally, USCIS should streamline its handling of case files, both by consolidating related case files early in processing and by increasing digitization efforts. An audit by the DHS Office of the Inspector General identified manual processing as a primary obstacle to USCIS processing speed and recommended USCIS fully digitize its workload. USCIS must accelerate its progress in digitization, electronic filings, and electronic adjudications to improve its processing times across the agency.
USCIS can implement some of these suggestions quickly, while others—such as full digitization—will take years to realize. However, each investment USCIS makes to improve processing speed and reduce green card backlogs will benefit the agency itself, foreign nationals, their employers, and the U.S. economy. One report estimates that wasted green cards reduce U.S. GDP by billions each year. Enabling efficient pursuit of the American dream by improved green card processes not only benefits immigrants, but also aids business productivity, inspires innovation, and provides a needed boost to U.S. economic recovery.
Kelli Duehning is a Partner with Berry Appleman & Leiden LLP. She advises clients on immigration compliance and program strategy. Kelli joined BAL after a 17-year career with USCIS and INS where she headed the agency’s legal strategies in the western U.S.
Steven Plastrik is a Senior Associate with BAL’s Government Strategies team. He advises clients on immigration compliance and H-1B regulations and policies. Steve previously served as Associate Counsel at USCIS’s Vermont Service Center where he advised officers on employment-based nonimmigrant eligibility.
This article was originally published in Law360 on Mar. 28, 2022.
The information contained here is meant to be informational, and while BAL has made every effort to ensure the accuracy of the information, it is not promised or guaranteed to be complete. Readers of this information should not act upon any information contained on this alert/blog without seeking professional counsel. This alert does not constitute legal advice or create an attorney-client relationship. Any reference to prior results, does not imply or guarantee similar future outcomes.
DALLAS, March 21, 2022 /PRNewswire/ — BAL Partner Lynden Melmed testified before the Senate Judiciary Subcommittee on Immigration, Citizenship, and Border Safety, in the hearing “Removing Barriers to Legal Migration to Strengthen our Communities and Economy.” Lynden leads BAL’s Government Strategies Team and previously served as Chief Counsel for U.S. Citizenship and Immigration Services.
Lynden’s testimony sounded the alarm that the wait time for employment-based immigrants to get a green card is at a tipping point. “If you ask any company in any industry what the single biggest problem is with the U.S. high-skilled immigration system, you will encounter something rare in the immigration debate: consensus,” Lynden said. “All agree that the lengthy green card backlog is the central problem.”
Pointing to systemic factors contributing to years-long wait times – from outdated manual processing to burdensome policies – he warned that the growing backlog cannot be solved by staffing or resource allocation. Further, he emphasized that improvements to the immigration system would boost the economy, saying, “Expanding legal immigration would increase the pace of economic growth, lower the budget deficit by nearly $3 trillion over 10 years, and boost per capita income by $1,700 over 10 years.”
Lynden stressed the demand for global talent to fill roles in STEM and other fields in order for the U.S. to remain competitive, and noted that the U.S. is losing talent to other countries like Canada that offer a streamlined permanent residency process. He concluded his testimony by offering practical solutions that focus on U.S. competitiveness and job creation. Pointing to proposals such as increasing the number of employment-based visa numbers available to skilled immigrants, recapturing unused green card numbers, and streamlining filing requirements, he urged Congress to take action.
“By doing nothing, the U.S. is going backwards,” he said.
“We’re glad to see Congress’ interest in addressing problems in the U.S. immigration system, and there’s no one better informed on this issue than Lynden,” said BAL Managing Partner Jeremy Fudge. “He and our Government Strategies team are well-connected with key policymakers, advocate for businesses and high-skilled immigration in Washington, and keep our clients and industry leaders informed about anticipated policy changes and how they will impact their businesses. He is the preeminent expert on U.S. immigration policy, and we are hopeful that Congress is persuaded to act.”
Watch the full hearing.Read Lynden’s testimony.
About Berry Appleman & Leiden LLP (BAL)BAL, the world’s leading corporate immigration law firm, ranks #1 on the Diversity Scorecard by The American Lawyer (2020 and 2021), #1 on Law360’s Diversity Snapshot (2020 and 2021), and the #1 Law Firm for Women according to the National Law Journal (2019, 2020 and 2021). BAL’s Cobalt® digital immigration services platform won the 2020 CODiE Award for Best Legal Tech Product, the prestigious CIO100 award for Innovative Use of Intelligent Automation in Immigration Services, and Legalweek‘s Most Innovative Law Firm Operations Team of 2021. BAL is singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and enable clients to be more successful. Established in 1980, BAL has consistently provided immigration expertise, top-notch information security and leading technology innovation. The firm entered into a strategic alliance with Deloitte UK to create the world’s first global immigration service delivery model. BAL and its leaders are highly ranked in every major legal publication, including Best Lawyers®, Chambers and Partners, The Legal 500, and Who’s Who Legal. See website for details: https://www.bal.com
SOURCE Berry Appleman & Leiden LLP
Media Contact: Emily Albrecht Senior Director — Marketing & Communications ealbrecht@bal.com 469-559-0174
DALLAS, March 3, 2022 /PRNewswire/ — Immigration technology provider Dunasi, in partnership with leading immigration firm BAL, has released a groundbreaking white paper, detailing their analysis of U.S. Citizenship and Immigration Services (USCIS) processing times. Leveraging 40 years of immigration experience and aggregated data from over 1.5 million cases, BAL compared its data to USCIS data to determine how accurate USCIS processing estimates are and to identify trends in processing timelines. 2021 Processing Time Trends – Dunasi (dunasitech.com)
“With the coronavirus pandemic compounding immigration delays, our clients need a trusted source to give them an accurate answer about their case processing time,” said Chanille Juneau, Chief Technology Officer at BAL. “We know BAL’s projections tend to be more accurate than USCIS estimates, so we did a deep dive into the data to help immigration applicants understand what to expect for each case type.”
The white paper analyzes the accuracy of USCIS predictions and recent processing trends, answering frequently asked questions such as: “How do USCIS processing time predictions compare with actual processing times?” and “Which application types are most delayed?”
Along with pinpointing the case types and service centers experiencing the lengthiest processing delays, the paper evaluates the role of recent immigration developments on processing times, such as the DHS Office of the Inspector General’s report criticizing USCIS’s manual processing system.
After identifying some concerning USCIS trends, the paper looks at USCIS plans to modernize its processes and speed case resolution. Drawing on BAL’s legal expertise, the paper also offers practical strategies for foreign nationals to improve their case processing times.
“We’re proud to lead the industry in innovative immigration technology, and we feel an obligation to use our wealth of tech expertise to benefit people around the world,” said BAL Managing Partner Jeremy Fudge. “That’s exactly what we’ve done in this report; Chanille and her team have discovered useful insights, identifying USCIS trends and discrepancies, to give foreign nationals more confidence in their immigration journeys.”
About Berry Appleman & Leiden LLP (BAL) BAL, the world’s leading corporate immigration law firm, ranks #1 on the Diversity Scorecard by The American Lawyer (2020 and 2021), #1 on Law360’s Diversity Snapshot (2020 and 2021), and the #1 Law Firm for Women according to the National Law Journal (2019, 2020 and 2021). BAL’s Cobalt® digital immigration services platform won the 2020 CODiE Award for Best Legal Tech Product, the prestigious CIO100 award for Innovative Use of Intelligent Automation in Immigration Services, and Legalweek‘s Most Innovative Law Firm Operations Team of 2021. BAL is singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and enable clients to be more successful. Established in 1980, BAL has consistently provided immigration expertise, top-notch information security and leading technology innovation. The firm entered into a strategic alliance with Deloitte UK to create the world’s first global immigration service delivery model. BAL and its leaders are highly ranked in every major legal publication, including Best Lawyers®, Chambers and Partners, The Legal 500, and Who’s Who Legal. See website for details: https://www.bal.com.