Fit to Print?
The Times got it wrong again. I feel compelled to set the record straight for 17,000 employees who work late nights and weekends to welcome lawful immigrants into our society. I will not stand idly by as the New York Times insults the dedicated and professional services they provide.
If the Times seeks to add legitimacy to its editorial, they should first get the facts straight. USCIS received more than 600,000 applications for citizenship in June and July of 2007 - a 350 percent increase from the same time the year before. While this surge was substantial, it isn’t close to the “perhaps a million empty promises” the Times suggests.
Further, all applications received during that time have been opened, issued receipts, and entered into our processing queue. The idea that there are “envelopes with large checks and money orders, delivered by truckloads, waiting in shrink-wrapped pallets, unopened” at any USCIS facility, is an outright fabrication, hastily conceived by an imaginative writer.
What the writer failed to mention, and what I personally conveyed to the Times, is that more than half of all the citizenship applications received in June and July will be completed by September 30. Further, many of the applicants who filed for citizenship after July 2007 have already been naturalized. The writer also omitted that not withstanding our challenges, in 2008 we will process some 20-25 percent more citizenship applications than in 2007, while maintaining the integrity of the immigration system and the security of the process.
The fact is, last year we anticipated an application surge, and dedicated USCIS employees at our Service Centers worked hard and long hours to process the increased number of applications received before fees were raised in July. As a result of their dedication, nearly 750,000 applications were processed in a record amount of time. Instead of commending this effort, the New York Times degraded it, suggesting “intentional disenfranchisement” of Latino voters. That is both absurd and an insult to our workforce.
This agency does not lose focus by such editorial bias. Our workforce will continue to do everything possible to assist immigrants on the path to legal residency or citizenship, facilitate the smooth transit of others who wish to work here temporarily, and safeguard the security of the United States through the integrity of our immigration system. Modernization efforts to build a fully-electronic immigration platform continue to move forward. More than 34 USCIS facilities will be renovated or replaced nationwide, and more than 3,000 new employees will join our ranks by the end of this year. Our professional training programs are varied and robust.
My posting today demonstrates to the more than 700,000 newly naturalized citizens that this country embraces free and open debate. It is a shame, however that a newspaper like the New York Times – which boasts with each paper that it contains all the news that’s fit to print – only values its version of a story and leaves no room for that debate or for the facts.
Emilio T. Gonzalez
Director, U.S. Citizenship and Immigration Services
If the Times seeks to add legitimacy to its editorial, they should first get the facts straight. USCIS received more than 600,000 applications for citizenship in June and July of 2007 - a 350 percent increase from the same time the year before. While this surge was substantial, it isn’t close to the “perhaps a million empty promises” the Times suggests.
Further, all applications received during that time have been opened, issued receipts, and entered into our processing queue. The idea that there are “envelopes with large checks and money orders, delivered by truckloads, waiting in shrink-wrapped pallets, unopened” at any USCIS facility, is an outright fabrication, hastily conceived by an imaginative writer.
What the writer failed to mention, and what I personally conveyed to the Times, is that more than half of all the citizenship applications received in June and July will be completed by September 30. Further, many of the applicants who filed for citizenship after July 2007 have already been naturalized. The writer also omitted that not withstanding our challenges, in 2008 we will process some 20-25 percent more citizenship applications than in 2007, while maintaining the integrity of the immigration system and the security of the process.
The fact is, last year we anticipated an application surge, and dedicated USCIS employees at our Service Centers worked hard and long hours to process the increased number of applications received before fees were raised in July. As a result of their dedication, nearly 750,000 applications were processed in a record amount of time. Instead of commending this effort, the New York Times degraded it, suggesting “intentional disenfranchisement” of Latino voters. That is both absurd and an insult to our workforce.
This agency does not lose focus by such editorial bias. Our workforce will continue to do everything possible to assist immigrants on the path to legal residency or citizenship, facilitate the smooth transit of others who wish to work here temporarily, and safeguard the security of the United States through the integrity of our immigration system. Modernization efforts to build a fully-electronic immigration platform continue to move forward. More than 34 USCIS facilities will be renovated or replaced nationwide, and more than 3,000 new employees will join our ranks by the end of this year. Our professional training programs are varied and robust.
My posting today demonstrates to the more than 700,000 newly naturalized citizens that this country embraces free and open debate. It is a shame, however that a newspaper like the New York Times – which boasts with each paper that it contains all the news that’s fit to print – only values its version of a story and leaves no room for that debate or for the facts.
Emilio T. Gonzalez
Director, U.S. Citizenship and Immigration Services
Labels: citizenship, USCIS
273 Comments:
Thank you USCIS employees! I agree with what has been said by the Director. With the huge increase in petitions, the USCIS has done its best to stay on top of it. The task is a monumental undertaking. I submitted an I-130 for my wife in November 2007, and though I have only gotten a receipt - at least I know her petition is being worked on. I have called the USCIS twice now, and each time I was treated with respect and dignity. And the officers I talked too, did everything they could to reassure me. The wait has not been easy for any of us. But, it has not been easy for the families of these USCIS employees either. We all owe them a huge thank you, for giving up some of their lives in the evenings and early mornings, so they could help us.
Robert and Wilfe Allen
By
Anonymous, At
March 21, 2008 1:24 PM
Give me a break, I applied on March and haven't even got my interview notification yet. All the INS people I talked to are unsympathetic and won't do anything to help. Quoting guidelines that they can't do anything until the published processing date is one month pass mine. They should be ashamed of themselves.
By
Anonymous, At
March 21, 2008 1:40 PM
I agree with what has been said by the Director, but this is what i think:-
Those application filed last summer whose EB (visa nos) remained current since August 2007 should be identified and approved at the earliest and not put in the queue along with other EB cat which are retro.
Jack
By
Anonymous, At
March 21, 2008 1:42 PM
The USCIS has many fine and dedicated employees. One of them is the Agent who advised me as she completed my Citizenship Interview way back early in 2006, to request a "hearing" before a judge if they didn't schedule my swearing-in ceremony within 120 days as required by United States law.
Unfortunately, I chose to go with my deep faith in the fairness and effectiveness of this nation's government, in waiting patiently this long since then, with no result. I cannot check the status of my case on the Case Status Online, because you have deleted it to convey the false impression that the case is complete. You don't tell me where my file is stuck. When I write to you, I get replies that show that my letter was not even read; once I had to go to CIS because a letter falsely told me I had to fill some form, when it was just that the "agent did not delete that checked box when they sent you the letter". I have had to take time off work and go visit CIS every 2 months, to be told in increasingly rude and callous and contemptuous terms that my file is "pending". Meanwhile, Dr. Gonzalez has unleashed his taxpayer-funded lawyers to obstruct law-abiding applicants who DO petition for a hearing to make Gonzalez observe the laws of the United States that he continues to disregard so callously.
It is precisely bureaucrats like Dr. Emilio Gonzalez that give outfits like the New York Times ample credibility in the eyes of readers as they slam the incredible clumsiness of their management. Happy retirement, Mr. Golzalez. I am sure you will be missed - by someone.
I see that you don't dare allow free comment on your BLOG, despite your claims of demonstrating to new citizens the best qualities of American openness and free speech. Figures, doesn't it?
By
Anonymous, At
March 21, 2008 2:05 PM
well this make a huge impact in term of immigration speed things up and i also agree what has bes said by the director,but what is happeing whith people that are waiting for they green card since 2001 almost 7 8 years people are dying family are crying for the love one and yet we still here paying tax living crying for our love ones in some case people need to go back for organ transplant and they cant help they love one insted build fence upgrade laws that doenst help the system why not take one at each time and solve the issue and create a system that help the immigrant people a system where people can live a life here without worrys where people can spend the money here but happy as we all know the immigrants people spend more money on just about everything wht cars,houses company providing new jobs for others,maybe this just be a way to solve or economic problem thank ANDRE SILVA
By
Anonymous, At
March 21, 2008 2:08 PM
While I do not doubt that USCIS employees work hard, the handling of the surge of N-400s has been utterly shameful. That is a management failure by USCIS, and they clearly did not anticipate the surge in N-400 cases, whatever claims the outgoing Director chooses to make.
While I hope that the Service meets the Director's prediction that half of all those who filed last summer will be citizens by this September, that still means that more than 700,000 people who filed more than 14 months prior to the election will be disenfranchised by management incompentence at USCIS.
Again, I thank the efforts of the USCIS staff, but I am appalled to read such self-serving statements by Director Gonzalez. The people who filed last summer deserve better than 50% service.
GH, San Francisco
By
Anonymous, At
March 21, 2008 2:12 PM
First Mr. Robert
you turned your I-130 application in on November 2007, I turned my N-400 on Jan 2007 and I am still waiting. Morever, there are apllications that have been pending for a period even longer than mine. I do not believe the staff at the USCIS service centers are not working hard. On the contrary, the problem was, and still is, the fact that they were/are not enough people to do the job. This report says that 3,000 employees will join the agency by the close of this year. By the end of this year, I would have waited 2 years. Employing agency staff takes time especialy due to required training. It is the responsibility to the administrators to evaluate the agencies capability and act accordingly.
And by the way, what about the thousands of applications that are stuck in fbi name checks for years. It seems the plan does not include them. THey have been officially classified as second class applications. And as much as the USCIS tries to pin the blame on the FBI, we all know that the USCIS is responsible for the duration of the checks because they requested it and they are paying for it through the application fees. The FBI can only employ based on the amount they are getting from the USICS.
They truth is clear for all who wish to see it.
By
Anonymous, At
March 21, 2008 2:12 PM
Thank you Mr. Gonzalez for all you've done to USCIS. I have been able to see the improvements since I started in my immigration process in 2004. Although the wait for us applicants is frustrating at times, I understand the efforts USCIS employees are making and how the system has improved. I stand behind you and your employees and feel sorry that USCIS will loose you soon.
CF
By
Anonymous, At
March 21, 2008 2:18 PM
Well said. Tough I was part of employment based immigration petitioner who filed Adjustment of Status (I485), i greatly appreciate the work done my USCIS in sending the receipts, subsequent employment authorization and travel documents in a record time in spite of huge load. Appreciate your efforts and hope to See many such improvements in coming days.
By
Ramakrishna Danda, At
March 21, 2008 2:20 PM
Thank you Mr.Gonzalez. I kindly request you to look into our "Administrative Fixes" proposal for Employment Based Permanent Residency Process aka. the Green Card process. We have hundreds and thousands of legal, highly skilled, tax paying and law abiding immigrants such as doctors, lawyers, engineers, technology professionals who are waiting for an average of four years or more in the queue and respectfully request your good office to look into our proposals.
Our best wishes to the thousands of hard working individuals at USCIS.
Immigration Voice
www.immigrationvoice.org
By
Anonymous, At
March 21, 2008 2:22 PM
I am one of the citizenship applicants who filed for citizenship in late June of 2007. Despite my expectation of a very long delay, I have already received a letter of invitation from the local USCIS office to take a citizenship interview and exam in May of this year. After talking with senators and congressmen from my state and watching the hearings in the house, I assumed I would not be able to become a US citizen in time to participate in presidential elections this year. However, hardworking staff of USCIS proved me wrong. This much earlier than expected letter made me incredibly happy.
A major newspaper like New York Times is expected to adhere to the higher standards of investigative journalism. We prefer reading fiction in books. My case is a living example of how hard the USCIS employees are working to reduce this incredible workload.
What's really absurd is to accuse the director of this government agency, who is a Cuban immigrant, of intentional disenfranchisement of Latino voters. As readers, we expect no more than common sense from such an important newspaper. The United States is a proud nation of immigrants. Deviating from facts not only insults hardworking employees of this important government agency, but also shows disrespect to us, the PEOPLE.
Dr. Devrim Eren
By
devrimusa, At
March 21, 2008 2:30 PM
Why did we pay higher fees? To make process efficient and be processed within 5 months. Is that happening; NO. On top of that, the process is highly non-transparent and there is no real way to check where in the process one is. I can't believe that USCIS comes and says that what times posted wasn't true. I think times was being nice to the USCIS!!! Had they anticipated the surge and put proper resources, things would have been different. And guess what, changing 16-18 months to 14-16 months processing is a marked improvement in USCIS language. What a joke....
By
Anonymous, At
March 21, 2008 2:30 PM
It is only common sense that it would take longer when so many extra applications have been applied for.
Don’t “rush through the process”. Do the background checks, etc. that need to be right.
The USA welcomes more immigrants than any other country, so I certainly do not feel bad about the wait time some may be subject too. We have to have an orderly process.
Don’t let The New York Times dictate your speed, or your process, because most Americans expect you to be thorough……..not speedy in this regard.
Thanks.
By
Anonymous, At
March 21, 2008 2:44 PM
then where is my approval? I sent my I-130 in April 2007 (11 months), and I-129F (K3 visa) in June 2007.. it took them 2 months just to send the I-130 notice.. and still not a decision.. gone through local office interview, director's expedite request... both my parents went to the local office interview, and the guy said he will approve within 10 days.. that was February 21..
By
Anonymous, At
March 21, 2008 2:45 PM
I'm glad you were treated well and your questions were answered. But this is not a matter of the USCIS employees working hard; It's a matter of the USCIS doing things wrong. Raising the prices in a ridiculous way but at the same time opening the window for countries like India and China that had been "closed" for years. That is the part that Mr. Gonzalez usually omits. If they were planning to increase the prices so much, why they didn't hire this people earlier? they had to hire them (and train them) way after they increased the fees. And all of us, who applied during or after the famous peak (which by the way is more than 1, there is one in june, one in july and one in august) have to wait paciently for things that should take less than 6 months and are going to take up to 3 times that!
By
Anonymous, At
March 21, 2008 3:00 PM
There is no question in our mind about the17,000 USCIS employees who are doing fantastic job.The irony is that, the idea of fee increase was to help process the applications faster but it had opposite effect.Because of wrongly increasing the fee without having clear plan for it.
This put the applicants and USCIS employees in same position. Applicants are under stress and employees are under pressure and both group have to deal with the back fire of increase.
At the end We owe Employees a lot for their hard working and facing the challenge they are not Creator of it.
By
Anonymous, At
March 21, 2008 3:05 PM
The article did not attack USCIS workforce, and reacting so defensively is only an transparent attempt to distract from the fact that the times criticizes the poor leadership of director Gonzales.
Nobody doubts that the USCIS workforce is working long hours, but they don't make any progress because of poor planning and total lack of leadership. It does not take 1-2 years to process a GC or a naturalization application. In fact it only takes a day or two to process the whole application. The applications are simply backlogged for years, sit on a pile and nothing happens.
Every year USCIS wastes visa numbers and the process is getting slower and slower. IOs are sending out pointless RFEs (i.e. asking for TB skin tests when someone already had a chest X-ray). Applicants have to show up repeatedly for fingerprinting (every 15 month). Documents are lost all the time and applications just get "stuck" and USCIS can't even locate them or give precise information about the status of the application.
This all has nothing to do with the workforce. Its lack of leadership, lack of proper rules and processes. And while I am sure this comment won't be printed, I one one am very glad USCIS is getting new leadership. Maybe we get lucky this time and its someone who can truly improve USCIS.
By
Anonymous, At
March 21, 2008 3:06 PM
Hate to see you go, but family always comes first and foremost. Dont sweat the press, you can print volumes with what they were supposed to say and them getting facts straight will be something to see (like a snow storm in Dallas).
Meanwhile, if you come to Dallas, let me know: we can all go to the Rodeo in Mesquite on a Friday Evening (April thru October).
Hope that the person that replaces you will have the brass tacks to keep the positive changes up and moving in the right direction. You dont have to be a Marine to know what "Semper Fi" is all about- we who have served know that its "Mission first, People Always". IIO Ron Rosier, TSC-Dallas
By
Anonymous, At
March 21, 2008 3:15 PM
I am 100% behind Director Gonzalez. Under his leadership USCIS has become a functioning agency that is coherant, goal oriented, and responsive to the needs of its customers. He has also created a plan for a coherant system that is finally dealing with fraud in a systematic and analytical way. As a USCIS officer, I applaud Director Gonzalez and Secretary Chertoff for their gargantuan efforts. The political bias of the New York Times (which is increasingly akin ot Pravda or Granma) is so obvious that to be mentioned in its pages is a badge of honor: it means that you have done something right.
By
Anonymous, At
March 21, 2008 3:15 PM
I have noticed a huge improvement in customer service. Most of the people I talked to are nice and try to be helpful. However, in my case I was never able to get any real information about my case. Everytime I submit an inquiry about my case I receive a letter with the same answer (pending background check)with no relief insight. Plus, the USCIS asks in their response to wait for six months before you check again. Six months!!!!!!! I have filed an I-485 employment based green card for five years now, and my visa Bulletin has been current from day one. Five years and still counting!!!!!!!!
By
Anonymous, At
March 21, 2008 3:38 PM
I filed my I-130 and my husband filed his I-485 in SEPTEMBER 2004. We're still waiting. Great efficiency at USCIS? yeah, right.
By
Anonymous, At
March 21, 2008 3:51 PM
there is much to say about the uscis. But one doesn't need to go deep to find out what is going wrong behind those doors after observing the character assasinating, defensive, threatning behaviour of their boss. If he can treat the us citzens and their right to know their government's business this way...wow good luck immagrant.
By
Anonymous, At
March 21, 2008 3:53 PM
I do sympatise with those people who are still waiting on their approval notices. I filed for citizenship in june of 2007 and i became a citizen in march less than a month after i had my interview. I have to agree with the Director that the process has changed immensely at least in Chicago compared to several years ago but I believe it could be better but kudos to the director and all the employees of uscis for doing the jod well but maybe a little faster.
By
Anonymous, At
March 21, 2008 4:01 PM
I think Gonzales must be really stupid to come on here to say crap, you obviously don't know what your stupid agency has been putting families through. The truth is bitter but it will definitely be told by the MEDIA who will and can never be gauged! Your agency puts false information and have people in the immigration process for years on end and you come on here chatting crap.
People need to progress in their careers and start their families, do something and stop making excuses!
By
Anonymous, At
March 21, 2008 4:04 PM
Hello !!! I file in 2001, my brother is my sponsor for the green card and i steel waiting!!!!I have special needs son, and i cant leave the country if i have to go in France( i am French)for any emergency health, Its crazy to wait that long.My case is the 4th priority!!! GREAT !! And i already spend $7500.OO with my immigration Lawer!! What i suppost to do ??? NOTHING !! Just wait!
By
Anonymous, At
March 21, 2008 4:05 PM
I have been waiting for a decision for 5 years now. When I call no one knows how long it will take or will do anything to find out why it's taking so long or what is needed to get my aplication processed. The referals are useless always contain the same answers: backlog or need more time. I have been paying taxes for 10 years now yet i do not qualify for most benefits and cannot visit family members that are overseas. This delay and lack of care is a true disrespect for aplicants.
By
Anonymous, At
March 21, 2008 4:15 PM
I don't get it. The US has always had open arms to anyone in the world and even allowed illegal immigration. To be an American Citizen is a priviledge to be earned even if it takes years. But all I see is people coming here demanding and complaining about the process. If you don't like the process, go home and complain and demand your rights in your own country and see where that gets you. What ever happened to being grateful for the opportunity to live in this once wonderful country that is turning into a 3rd world nation.???
By
Anonymous, At
March 21, 2008 4:25 PM
You guys are blind. USCIS works in a black box. nobody knows how they did and how wrong they did because they never release useful information to you.
By
Anonymous, At
March 21, 2008 4:29 PM
well thanks you but you need to do better. People are suffering, and spending too much on staying in touch with their loved ones and spouses. The divorce rate is going up statistically because, if you are here for five years and your spouse cannot come over to yoy. The law should be revisited in so far their are bonded marriages
By
Anonymous, At
March 21, 2008 4:29 PM
I agree with USCIS. With such an increase in the amount of Applications that were received, USCIS has done an excellent job and I am very impressed. I applied for my I-130 in September 2007 and recently got my case approved. Every time I have called USCIS, I have been treated with respect. All my questions are always answered completely. Just because USCIS can not assure people with certain answers all the time, it does not mean that your file sits in a plastic shrink wrap pile. Give the USCIS folks a break! This is not to say that the wait has been easy for me. I am waiting for my wife just like anyone else. Keep up your efforts; they are really making a difference. I applied for my K3 Petition and got a receipt notice in one week.
--
Ali Zia
By
Anonymous, At
March 21, 2008 4:52 PM
http://www.nytimes.com/2008/03/21/nyregion/21immigrant.html?pagewanted=1&_r=1&ref=nyregion
...another article on how our cases are being adjudicated...
By
Anonymous, At
March 21, 2008 5:09 PM
Rock on Times, as a petitioner for my fiance you've nailed it and either Gonzalez is disconnected from the truth or is lying. I filed in September only to have my case misplaced. Filed in January only to have my file sent in error to Chicago and then sent back to me. Its taken me 5 months to get a receipt. Whats worse is it doesn't look like California Service Center is fulfilling its duty to honor my original date because I am STILL WAITING.
SHAME ON YOU EMILIO GONZALEZ, FIRST YOU FAIL TO PLAN AHEAD AND NOW YOUR COVERING UP. CLASSSIC
By
Anonymous, At
March 21, 2008 5:18 PM
Like many other people who left comments here, I have no doubt about the performance of the hard working people at USCIS. The problem is with management which is unable to foresee the upcoming problems and fulfilling their promises. I believe the biggest issue here is that Mr. Gonzalez is unable to take responsibilty for what the hike in application fees promised - faster and professional service. The result, sadly, is quite opposite; it is taking longer than it used to for completing different immigration cases. The agency should have been better prepared for the increase in the number of applications due to the hike in fees and the upcoming elections. I quote Mr. Gonzalez here, "more than half of all the citizenship applications received in June and July will be completed by September 30. Further, many of the applicants who filed for citizenship after July 2007 have already been naturalized." How come many people who filed for N-400 after July 2007 have already been naturalized while those who filed earlier are still waiting? Please do not tell me that because they paid the higher fees they are being given preference! My personal experience includes a receipt notice dated August but not mailed out until November. This is not the type of service I expect. Though the agency may have taken steps to improve their overall process, there is still a long way to go!
By
Anonymous, At
March 21, 2008 5:26 PM
i agree the uscis officers are working hard but let me you an idia what happend to mei did file with the immigration the first time on septemper 2003 and waited and missiori service center closed my case for no reason,i did pay money to reopen and i got it open,and while i was waiting to get my interview i got another letter from my local office says we closed your case for no reason and i did file appeal again paid money again and till now i did not hear any thing from my local office and i did refile my case from A and finnaly i got my interview almosst year ago and i got my I130 approved but i been waiting on my green card i did not get it yet because you know ofcourse you know fbi name check and also i wanna go to see my parents but i cannt becuase of inadmissabilty some one can tell me what i have to do
thanks
By
Anonymous, At
March 21, 2008 5:30 PM
that's funny they are working hard on our cases we did pay alot of money to be legall here in u.s because we do love this country and no one cares about us.also i have really afunny comment i been struggle with the immigration for years and years and years and finnaly iam waiting now on the fbi name check to get my green card and it will be soon after at least ten years from now some one told me if you wanna get your green card fast apply for ajob with the army and you will get it for a few days like he did!!!!!!!!!!!!!!funny
thanks
By
Anonymous, At
March 21, 2008 7:12 PM
Having read the above article a few comments up all I can say is that its rather shameful that Emilio even has posted this statement. Its like Hitler commenting on the good work of his SS.
By
Anonymous, At
March 21, 2008 7:29 PM
Something that upper level managers failed to do is plan ahead.. Raising the prices is a real large mistake, and guess what not only petitioners had to pay the consequences, but the USCIS employees also. 17,000 employees working late nights, big deal, at least they're living with their families: Plus they're getting paid overtime, I hope!
I submitted an I-130 in Sept 2007, I waited 4 months before I received a receipt, which caused a delay for my submittion of an I-129F. The whole purpose of the LIFE ACT has been defeated!! So unfortunate for such a large governmental organization.. This is America land that I love, yet when it comes to services like this, does the least possible for me.
If you take a look at one of the blogs someone listed above, they state that they have already received an approval for their I-130 that they submitted in Sept. 2007, USCIS must be skipping over some applications or something, because I submitted my application the same time, and still waiting.. Something is not right about this..
USCIS needs to work 10 times harder at all times, even though they received so many more application. Its not my fault USCIS decided to raise the fees.
By
Anonymous, At
March 21, 2008 7:32 PM
The USCIS managemant made so many mistakes that Dr. Gonzalez should quietly retire without trying to justify his mismanagement.
First, the USCIS decided to run expanded FBI checks for all applicants without Congressional approval, funds and planning and in violation of administrative law. Moreover, the USCIS did not impose any deadlines for FBI to complete name checks. People are waiting for 6+ years, this is simply ridiculous in the 21st century. 300,000 were waiting for name check at the beginning of 2007.
Second, the USCIS decided to raise fees before the election year, when the number of citizenship applications usually increases.
Third, the USCIS announced that people with green cards without expiration date will have to either apply for a replacement green cards or for citizenship. No wonder a lot of them decided to apply for citizenship.
Thank you, Mr. Gonzalez, for making me wait for almost 4 years for my green card. Surely America feels more secure because of that.
Thank you for fulfilling your promise to eliminate backlog by the end of FY 2006 and for reducing processing times after the fee increase.
By
Anonymous, At
March 21, 2008 7:39 PM
While I believe the hard work done by many USCIS employees, I strongly disagree with what Mr. Gonzales said as 'many of the applicants who filed for N-400 citizenship after July 2007 have already been naturalized'. Why this system is so unjust? Why doesn’t it follow ‘First in First out’ rule? I filed my citizenship application on Dec 2006 and still remain in background check limbo. No interview was ever scheduled yet. I have spent a lot of my valuable time dealing with USCIS to resolve the delay issue without success. I understand the importance of security check, but why it takes unreasonable amount of time? Is the long delayed background check safe to our nation and fair to the innocent people? Because of the delay, I don't have the ability to apply green card for my wife. Now I am facing possible family separation. Also I doubt if I will be lucky enough not to miss the opportunity to vote in this year. I wish Mr. Gonzales can also hear the voice from people like me, who have suffered enough from the long delay by USCIS.
By
Anonymous, At
March 21, 2008 7:48 PM
can somone tell me ,how can they justifye this,its been almost years since my interview and my case is pending because of birth certificate verification,4 yrs i cant go see my family ,my life is frozen ,iam all for background cheks ,but 4 years .
By
Anonymous, At
March 21, 2008 7:53 PM
Everybody works hard, USCIS employees are not exception. Sometimes overwhelming job creates lots of stress, it drags tension and misunderstanding, jobs get lost and confusion takes place.
It is not the end of the world, but everyone should help to improve and reduce stress, sometimes is the procedure, the pressure, or because from the 50 persons at the phone none was nice or thankful. Sometimes we want to give up, drop the hammer and go home.
But then, sometimes it works nicely, someday everyone is working happy and it seems the job goes fast and easy.
I think that at USCIS nobody is evil and trying to pester people's life. As a job, they are doing their part and even more than that, we must recognize it and applaud.
But then, without trying to pinpoint culprits, if you take your car for the body shop and it would take 14 months to fix the fender, you just laugh and go across the street. The problem, there is no other USCIS across the street, so USCIS has no reference or target for timeframe.
At the companies I worked we use to do planning, it would be accounted in hours, not months or years. The only times I saw clients being misinformed with a vague or misleading long shot time frame, was when we were completely lost and in few cases not even knowing who the client was, or worse, we could not even find their papers.
But don't take me wrong, it was not our fault, and in some cases not even management's fault. The faulty part was planning, production rules, the "engine" was not prepared or not "oiled" for the road. Top management fault?
I understand USCIS is changing, preparing itself for the future, and I am pretty sure that many changes are already in place, and lots of others are simply blocked by lack of proper regulation or new laws that allow them to work with better procedures.
For example,
Why USCIS requires you to send your I-94 if they (should) have it available in a split second at the officer's screen?
Why several times the e-file application ends up not finding the documents sent by mail days later, forcing the officer to request a RFE with all documents already sent?
Why can't the applicant just send all the documents scanned along with the e-file application?
Why don't have just one complete record for the applicant, and keep all the other applications and petitions referencing such record? Avoiding dozens of different forms for everything, repeating the same information over and over again?
Today's computer systems allow you to automate almost everything.
For example, there is no reason to take weeks to receive an Employment Authorization Document. If the information at the system shows the applicant legally has the right for it, why now create an online application that simply dispatch the document production upon checking the eligibility in a fraction of a second?
I am not saying that USCIS is unprepared, what I say is that competitive private companies invest heavily in technology to supply what the customer wants and to deliver it right now. This means everybody happy and productivity.
Of course you can't computerize everything. But I am quite sure that lots of simple jobs still being done by human hands, and several of those don't really need a person to do it, it doesn't demand human intelligence. Those persons could be doing much more productive USCIS tasks.
As an example, the Employment Document said above, if the applicant has a recorded I-485 in the USCIS system, if by its own time, the I-485 was rightfully applied, if the system shows the applicant if legally in the country, why the system don't simply print the document and mail it? Why it should take more than 8 weeks (even when the regulation says it should not take more than 2 months) for somebody just grab the paperwork and in a minute command the document printout? and why the paperwork should include a copy of the I-797 (receipt) of the applicant's I-485 when USCIS has it on the system already?
It seems that there is no effective communication or information available.
Can you imagine a day when the USCIS would send a letter to someone saying that his/her Employment Document is about to expire and if desired the applicant just need to go online with his/her USCIS logon and password, pay by credit card and receive the EAD in 3 days?
USCIS implemented several new technological resources, electronic fingerprint and picture when checked by immigration officer at any airport, is one of those, but then why not give to the visitor at that moment a "visitor card" with an online logon/password where he could do several online transactions with USCIS, update address, consult an officer, send applications and petitions, pay fees, etc. The online application would be small and simple, since the system would have all the visitor’s information already.
Go to any Online Banking and you will understand what I am talking about. Can you imagine if you need to do all the paperwork with your bank by mail? and wait 14 months to have your application for a new credit card being verified by somebody, and when you call the bank the answer will be that they are overwhelmed with applications and if you don't receive your card in 60 days to call again?
Anyway, congratulations to the 17,000 USCIS employees, they are doing a fine job of 34,000, I am really afraid that the addition of 3,000 new employees may not even create a dent in the backlog or today’s delays.
That’s life, and its not easy.
Enough said.
By
Anonymous, At
March 21, 2008 9:05 PM
I don't know what is going on in the USCIS office.
I submitted an employement authorization form based on 1-485 in early November. You can imagine that till date I have not received the card.
The always tell me I will get it in 30 days each time I call the office or visit the local office. It's a pity.
By
larry, At
March 21, 2008 9:07 PM
Ironically, those 600,000+ applicants who (understandably) rushed to file their applications before the latest fee increase went into effect guaranteed that there would be fewer resources to deal with their application. By law, USCIS has been a "fee paid" agency since 1990. That means the application fees filed by immigrants and their relatives pay for everything that USCIS does. However, the result is that the capability to prepare for surges in applications is severly limited, because the money to process them does not arrive until the applications do. Even with the money in hand, no organization, civilian or government, can ramp up operations overnight. It takes time to recruit, screen, hire, and train new employees. It takes time to design and build new facilities. It takes time to purchase, recieve, and install all the new equipment that new hires need. Overtime can (and certainly must) take care of some of this increase in work load, but it robs Peter to pay Paul, since it depletes the resources available for expansion and upgrades of training, facilities and equipment. Additionally, there is only so much overtime than can be required of employees before their productivity begins to decline. Part of the irony here, is that if the 600,000+ would have waited until after the fee increase, USCIS would have had greater resources to process those applications and they might actually be further along than they are now.
Yes, there are "horror" cases, but if Director Gonzalez is correct (and I have no good reason to think he is not, since no other agency has contradicted him), most of the delays are due to security checks being run by other federal agencies.
I have to give a hand to Director Gonzalez for standing up for his employees, something I don't ever remember the old INS commissioners doing.
T. Schaffer
By
Anonymous, At
March 21, 2008 9:34 PM
It's really a SHAME to say a "forum to talk about ours work protecting the American people". Texas center replies my case inquiry as "The processing of your application has been delayed. All petitions/applications received by this service are required to have routine security checks that resulting in delays of the adjustication of petition/applications. We can give NO DEFINITE indication of when they will be completed. We appologize for the delay". My case has been pending about 3 years and USCIS never cares, indicating USCIS is benefiting real terrorists by delaying the process. And USCIS VSC denied by case because they can't locate my fingerprint and forced me pay again to have the case re-open. USCIS then holds my I-485 for more $$ as they know I have to renew EAD and AP annually. USCIS is a lying US government, such as they transfer my case to TSC in order to 'speed up process', 'you should receive a decision or notice within 60 days', etc, which never happen.
By
Anonymous, At
March 21, 2008 9:39 PM
"the integrity of the immigration system" What is that?
By
Anonymous, At
March 21, 2008 10:03 PM
A message to USCIS headquarters.
We realize the tremendous work-load that USCIS has encountered since the fee increase. However, returned petitions are not given any priority, and seem to be stuck in a black hole. Yes these petitions were reviewed once and returned, however we would be extremely grateful if these petitions were given processing times. I have been waiting 2 years now for VSC to review our returned petiton, with no word. Pending ...further review...contact in 180 days. There are many cases similar to mine..waiting indefinately. We would gladly pay an additional processing fee to have these petitions given a processing time. Please see my website www.visa-talk.org We are asking for guidance from USCIS as recommended by the Ombudsman. For now indefinately waiting.
By
Aisha, At
March 21, 2008 10:04 PM
I think times got it right. It seems illegal immigration is well-tolerated than legal. Me and my wife have been always on status for the past 10 years in this wonderful country (F1, H1 and now 485 pending). Our cases are approval, but we are stuck in this mess called name check familiar to most people reading this column. ITs a SHAME that even after the new memo, infopasses, they want us to keep patience. Just imagine working in the private sector and telling your customer to wait indefinitely, plus charging them top rate. WAKE UP, DIRECTOR and make a change you can live with!
By
Anonymous, At
March 21, 2008 10:17 PM
I wonder if Dr. Gonzalez defines the standards of integrity at the highest levels of the agency charged with protecting the security of the nation. Consider the following comments from a Federal Judge, as recently as January 18, 2008. While Gonzalez may shake his fist dramatically at the New York Times, I wonder what he has to say about what the Judge said, of Gonzalez' policy in stonewalling taxpayers who demand that he obey the law of the United States. I quote:
""… these cases are...unnecessary and reflect a small scale litigation epidemic.. Congress intended the naturalization application process to be completed without undue delay. Congress certainly did not intend for the process to become tortuous, expensive, mystifying and delayed…USCIS has a mandatory, non-discretionary obligation to adjudicate these naturalization applications within a reasonable period of time. …CIS simply does not possess unfettered discretion to relegate aliens to a state of limbo, leaving them to languish there indefinitely. The explanations given by government counsel for the various procedural delays…are insufficient, contradictory and disputed by Plaintiffs…I have reached a tentative conclusion that ...USCIS,...has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. ..
USCIS also appears to favor “retaining” the valuable time of Assistant U.S. Attorneys to litigate each of these cases. Although this cost may not come out of the USCIS budget, it certainly alleviates USCIS from having to give its administrative attention to these Plaintiffs until and unless they reach a critical point in the litigation. As one example of the bizarre and Kafka-esque nature of this situation.. (details omitted). ..It is obviously inconsistent for the government to advise applicants that they could file a writ of mandamus to secure judicial relief, and...then argue that the court has no jurisdiction.
…The Defendants could have, and in my view should have, requested our Chief Judge to consolidate all these cases before a single judge, which would expedite final resolution. Instead, the government seems to have preferred to benefit from the delays inherent in the single-judge assignment system. By failing to request consolidation and failing to cite the decisions of other judges of this Court, the government has sought to benefit from the spread of cases among the judges, thus increasing our workload, and not giving us the benefit of the fact that other judges have decided, or are working on, the same issues. ...
The entire pattern of the government conduct in these cases… allows the unfortunate inference that judges and the judicial process are being used as tools to further delay, and obfuscation of the real reasons for delay on these petitions. .. the Defendants’ strategy is to use litigation as part of the delaying process."
This will be the legacy of Emilio Gonzalez. In the rich traditions set by Brown of FEMA, and that other Gonzalez, the unlamented ex-Attorney General.
The New York Times did get it wrong, Dr. Gonzalez. They only covered the recent spate of applications in arriving at their "million broken promises". They did not uncover the more than HALF A MILLION taxpayers stuck in the limbo of your notorious "NAMECHECK" scam for over two years. A CIS agent recently told me casually that "people have been waiting since 2003". These names have been deleted from the Online Case Status database as someone accurately pointed out above, presumably to lie to Congress about how effective CIS has been.
I have to laugh at all those innocent hopefuls above who praise CIS for calling them for interview within 3 months, or 6 months, or 14 months. Little do they realize that the ordeal has just begun - at the end of the interview CIS will tell them: "Oh, by the way, your NameCheck is Pending... it may come in tomorrow, or next month, or next year, or next decade, or in your next life".
Why did the CIS OMBUDSMAN quit earlier this year, Dr. Gonzalez? Want me to repeat HIS comments here?
America is great - unlike Japan we don't have a requirement of HaraKiri for flunkie bureaucrats. Go away, Dr. Gonzalez, someplace where people can't read or think. Maybe they will believe you there.
By
Anonymous, At
March 21, 2008 10:45 PM
I don’t' get it, how come this immigration service is that slow, we have to wait for the labor certification for many years back log, now we get in the "ICE" BACK LOG, now way JOSE. This is not fare, 8 years of H1b Visa, my company exhausted to pay for immigrations services, lawyer and here we go, I still waiting and waiting for I-140 approval, and who knows when my green card would be approved. IN ONE WORD "TOTALLY BAD SERVICE, NO EXCUSES, THEY NEED PEOPLE WITH COMPUTER AKNOLEDGE, ENGINEERS LIKE US!!! That’s why we are here, to help United Stated move on!!!!
By
Anonymous, At
March 21, 2008 10:54 PM
Mr. Emilio is right, most of the backlog things, delays, unprompt responses from USCIS are being attacked in all ways but there are no open decisions and solutions.
My case is pending since one year (It's utter ridiculous). I have been reading in all the forums, I can't imagine how the image of USCIS and ofcourse the image of great American nation also painted with negative impressions. I think this is a serious threat/shame to American work force.
In the name security check, these delays are causing. It's the primary concern of every Nation, but shouldn't take that long and they can eradicate this by having one to one direct communication with applicant in which more evidences of security can be exposed.
By
Tri, At
March 21, 2008 11:29 PM
I have read that article in the times and i dont think it was attacking the work ethic of ths uscis empolyees. It was attacking the agency's incompetency in anticipating the surge in applications. If uscis increased the fee a small amount, i gurantee that they would not have gotten this many applications. Instead the agency increased the fee immensely, so naturally people applied right before it went into effect. I applaud "the new york times" for being bold and crticize the USCIS. I have filed a I-130 on october of 2007 and i have not recieved my receipt letter yet.
talk about improvement and efficency.
By
Aby, At
March 21, 2008 11:32 PM
Mr. T Schaffer,
Your comment is one more example of people who do not really understand how the system works. Does some application get stuck in the fbi name check? YES.
But here is the part Mr. Gonzalez does not tell you: the USCIS request for the name check, the USCIS decides if they want to put a timeline, the USCIS decides who much they pay the FBI for the checks. In other words, even though the FBI is doing the name checks, the responsibility of getting it done within a reasonable time rest with the USCIS.
And for goodness sake, this is not about the employees of the USCIS. This is about a system in real need of an upgrade. It is also an organization in need of some good managerial capabilities.
Can some one tell me why the I-129F is free with an applicaiton for I-130 when both take about the same time to process? Just one more redundant, money and time wasting policy!
Need more examples?
By
Anonymous, At
March 21, 2008 11:35 PM
I am very new to this process and only filed my I-129F petition Jan. 2008. After reading many of the previous comments I am both apprehensive and concerned. I just want my wife with me and have no way of knowing when we can make plans to be together. Does anyone have an average number of months we can expect to wait? The phone bills alone dwarf the filing fee.
CShaw
By
Anonymous, At
March 22, 2008 12:10 AM
Well, probably USCIS works hard, but not on mine case that stuck in Name Check for 2.5 years and 2 years passed from interview. Director Gonzalez totally ignores FBI Name Check problem, like it doesn't exist at all. All I hear is how it’s important for National Security. I’m LPR from Ukraine and see no connection between National Security and my persona. When I go to Infopass all I hear from officers that nothing changed so far and stories about someone who was stuck for 5 years; encouraging answer indeed. Since there is no FIFO in USCIS I truly believe that all these millions of people from last year surge will go in front of me.
By
Anonymous, At
March 22, 2008 12:28 AM
Mr Gonzalez do you know that I-130 under 245i are not even processed seven+ years later? what would you recommend for those people as a interior travel document? what would you recommend as an ID for those people? what do you think about modern age slavery your agency is part of? could you please answer those questions, if you can?!
By
Anonymous, At
March 22, 2008 12:32 AM
WELL. 1ST COMMENT SOMEONE MADE IS NOT TRUE.
I APPLIED FOR I-130 ON OCTOBER 2007 AND I HAVE NOT RECEIVED ANYTHING FROM USCIS.
ALTHOUGH USCIS CLAIMS THEY HIRED MORE PEOPLE TO WORK I DO NOT SEE ANY RESULTS.
By
Anonymous, At
March 22, 2008 12:36 AM
I believe that USCIS officers work incredibly hard. But as many have pointed out above, this mess occured because of lack of plan and lack of leadership and lack of dedication to work efficiently.
Most of people, especially employment based applicants, who are directly affected by this non-sense immigration systems are tho ones who will work hard for and contibute a lot to this country. When you increased the fee 200-300%, you should have expected that the surge would occur and you should have had plan for it. Well.. You didn't. That's why so many people are suffering.
Myself I have to live my loving husband because of this non-sense.
My husband was not able to go see her sick mom because of this mess.
Some people who applied much later than me get approval while there are people who have been waiting 3,4,5 yrs. There is no logic behind what we have been seeing how the USCIS is functioning.
For example, losing documents and issuing RFEs just to earn more time should never happen.
When you deal with someting that affect people's live in tremendous level, you should take serious responsibility and just working hard is not enough.
By
Anonymous, At
March 22, 2008 12:41 AM
Well, I have applied my green card six years ago, and still waiting a decision. that might be a testimony of how much ordeal and stress many legal immigrtants have to go through before achieving their goal of becoming part of this society, a a proud citizen.
By
Anonymous, At
March 22, 2008 1:27 AM
Doy gracias A Dios por el pais del cual quiero ser parte.
toda mi familia ya lo son y mi hermana y yo ya sometimos la N400
y en menos de 2 semanas recivimos la carta de recivida y fue una gran sorpresa despues de todo lo que se dice que esta haciendo muy tardado.yo le,quiero decir al senor,Gonzales que gracias por preocuparse y hacer todo lo que este a su,alcanse,para Agulizar,el proseso,estoy deacuerdo con el, que tiene que azegurarse,y Verificarque,lo que decimos en nuestras aplicaciones sean VERDADERAS.
QUE DIOS CUIDE Y BENDIGA A LOS ESTADOS UNIDOS....
By
Anonymous, At
March 22, 2008 1:42 AM
It will be great if they consider spouses and children of green card holder to get their greencard fast after filing I 130.They say 'it takes five years to get a green card'I stayed with my husband only 2 weeks after marriage since I have the contract with my working company.I hope that there should be many people in this list.If uscis faster the visa process for spouses and chidrens of green card holders,we can see joy in many families.If they provide the dependant visa for the green card holder spouses during the waiting time,They can stay together happily which will avoid lot of divorce
By
Anonymous, At
March 22, 2008 2:18 AM
Are they kidding?. waiting my green card 7 for years, and still pending for background check. I don't understand the fairness and justice they are talking here..if there is a sound justice system, which I doubt, I am sure, this things like this would not happen to the people who came here legally, and as a REFUGEE which was what America built on
By
Anonymous, At
March 22, 2008 3:19 AM
Dear Mr Gonzalez,
I understand and believe that you try to do a great job. But the agency you have controlled is out of control. My frustration level is extremely high because your staff in offices in two countries have continued to give me and my family differeing advice on the same issues. If you were running this as a company, you would be bankrupt and most of your staff would have been fired for malfeasance and stupidity.
It's a shame that you are stepping down actually. It just means that the new person will then need some time to get up to speed on his/her job. You should be braver and stay at your post through the storm -- you and your staff learn nothing from bailing out when times get tough and you shoulf remain to help steer the agency.
Bottom line is that I hope your staff start operating like a real company and not like a lazy bureacratic government administration. If they wanted lazy jobs, they should have gone worked for the post office.
By
Frustrated American trying to weave through this damn bureacracy, At
March 22, 2008 7:07 AM
I belong to an on-line community and I am one of MANY who have suffered through the price-hike fiasco in June/July 2007.
1. Applications of the same type were NOT processed in the order in which they were received.
2. Many receipt notices were either mailed out VERY late, or never mailed out at all.
3. Your 1-800 number is manned by representatives who can tell you NO more than you can find on your own at the Case Status website. The Reps often provide MIS-information or NO information at all. I had an RFE that I never knew about (and neither did the customer service rep). USCIS mailed it to my OLD address and it was returned. When USCIS got my NEW address on file, they didn't bother to re-send it.
4. The Case Status website is OFTEN NOT updated. My Senator had to find out about the RFE.
5. Cases can sit for months at USCIS and you may never know what is happening. We are expected to sit around for 14-16 months without a single word from USCIS about our loved ones and we AREN'T supposed to call about it and if we write, you may never get an actual response to your letter. I'm still waiting.
I could go on and on, but basically, USCIS management did not adequately prepare for these price hikes and things just snow-balled. The Ombudsman at DHS resigned also; he is the person who makes recommendations for USCIS to improve customer service. You can see here that USCIS management has not responded to his recommendations since June of last year-->about the time that things started to unravel at USCIS: http://www.dhs.gov/xlibrary/assets/cisomb_recommendations_to_uscis_status_chart.pdf
Anyway, like many of you posting here, I just want my loved one here with me and it's been, so far, 18 months of separation and while I may be just a 'number' to USCIS, my life is on hold. Mr. Gonzalez may want to spend more time with his family and thus, has announced his retirement, but at least he gets to go home at night to be with his family AND so do his hard-working employees....even if they are working overtime. My "family" member is living in another country and can't come here until USCIS finishes processing his paperwork.
By
Anonymous, At
March 22, 2008 9:15 AM
Mr.Gonzalez has made the mistake of being soft on his USCIS bureaucratic team, where he was supposed to act tough and get things done. He was particularly let down by the Nebraskra Service Center director Gerard Heinauer and his team. Before Mr.Gonzalez leaves, he need to set things correct and remove the backlog so that the next incumbent starts on a good note
By
Anonymous, At
March 22, 2008 9:51 AM
I wish to applaud Dr. Gonzalez and his staff for keeping this BLOG open. I seriously doubt if any of it will penetrate the brains at the top of USCIS headquarters, given that they did not take the pointed, careful advice given by THEIR OWN OMBUDSMAN.
The OMBUDSMAN clearly pointed out how ridiculous it is to keep lawful permanent residents who have stayed here more than five years, in limbo for another 2 or 3 years, in the name of a non-functional "namecheck" scam. Come on, Dr. Gonzalez, I too read that judge's scathing comments quoted above. It is clear that you are NOT helping the security of this nation by dumping half a million files, already cleared over five years ago, back on the FBI, taking the FBI's resources away from focusing on real suspects.
As the CIS Ombudsman pointed out in his scathing report to Congress last July, if there are suspects among the applicants, WHY ARE YOU NOT ACTING FASTER against those? Allowing an Al Qaeda suspect to sit around for five years or ten years as a NAMECHECK PENDING is HELPING security, Gonzales? Whose security, Gonzales - Al Qaeda's or America's? With the tactics like those for which the Federal Immigration Judge slammed you, are we unjustified in wondering which side you are on?
Making your 17000 hard-working employees go to work every day knowing these harsh facts about their own employer, is your way of rewarding their hard work and loyalty?
But at least this is the first effort on the part of CIS to actually even allow any comment by taxpayers, on a forum which they control.
This may indeed be the start of some infusion of common sense into the heads of those who "lead" this agency. Then again, can they ignore 200 years of their own tradition of not having any?
You (or your follower) need to listen more to actual thinking humans caught in this situation of YOUR MAKING, rather than to the sycophantic lawyers at DHS Headquarters like yourself who tell you how great you are.
Please spend some time using GOOGLE with search terms like "Name check delay" or "CIS arrogance" instead of reading only the New York Times or your sycophants' reports. Get someone to read the CIS OMBUSDMAN's reports and explain them to you.
The rest of us already know how great you are. Thank you, and 'bye.
By
Anonymous, At
March 22, 2008 10:04 AM
I would like to bring to your attention the difficulty being faced by many AOS applicants due to the lack of availability of their job description and Salary information. To be more specific, I am referring to the Q (3) of William Yates Memo which adjudicators use for adjudicating a AOS petition.
Historically and even now with (there are a slew of applicants who can use AC21), employers have chosen NOT to share this(ETA 750A & I-140) information with employees in their own interests, claiming that these forms are company property and they are NOT legally mandated to share these forms. I am wondering if USCIS has ever looked this from a AOS applicant's perspective who is in this conundrum, who either has lost a job after 180 days of pending 485 application, has a approved I-140 or wants to switch employers at will and do not have this much needed information. Not having the required information puts them at the risk of taking chances with AC21 and tension/mental stress until the day of adjudication. By not verifying that whether the AOS applicants have access to this information or not, USCIS IMO is setting them up for failure.
What is USCIS's take on this? There are so many people who need this information. There are so many people who are filing FOIA requests with both USCIS for 140 and with DOL for ETA-750A/ETA-9089 application forms. The wait time on these FOIA requests has been severely long. Some sort of clarity from USCIS on how to make this information available to AOS applicants (other than FOIA) will make a huge difference and will relieve many people the mental stress it is causing.
Thanks
Sandy
Question 3. What is "same or similar" occupational classification for purposes of I-140 portability?
Answer: When making a determination if the new employment is the "same or similar" occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the "same or similar" occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of "same or similar" occupational classification.
By
Anonymous, At
March 22, 2008 12:07 PM
I know the Times magazine has some political views but that is not the point. USCIS has failed to the country, to the legals immigrants whom put all the hopes and believed in an agency that is uncapable to solve this situation. Why send rockets to the moon if they can't handle problems in the earth? There is an anti-immigrants movement and it's USCIS faults. The actual law is not that bad. It has some failures but can be corrected without any trauma. The problem is the agency, the director and the burocratic people who works there. There is too much corruption and unfairness. But the attention is focused is 12 millions of illegal alliens. But what about the millions of legal peoples who put the faith on the system? If you take the political view out of the Times magazine, the article is true... USCIS is a problem and nobody is taking of the problem and raising the fee it's just a pretext to make more money on expenses of the people who is putting all the hope in this nation where...liberty and justice is not for all.
By
Anonymous, At
March 22, 2008 12:35 PM