2007 Recommendations
August 2007
Recommendation #33 August 24, 2007, (PDF, 5 pages - 247 KB)
The Ombudsman recommends the following regarding U.S. Citizenship and Immigration Services (USCIS) adjudications of petitions that are returned to USCIS by the U.S. Department of State (DOS) for revocation or revalidation:
- Issue receipt notices to customers when the petition file is returned and received by USCIS Service Centers.
- Establish a nationwide standard for the re-adjudication of petitions returned by consular offices for revocation or revalidation and amend the Operating Instructions/Adjudicator's Field Manual accordingly; include a "REVOCATION" entry in the processing time reports.
- Provide additional information about revocation or revalidation processes on the USCIS website.
- USCIS Response to Recomendation #33, May 23, 2008 (PDF, 3 pages - 53 KB)
June 2007
2007 Annual Report Recommendations, June 11, 2007
April 2007
Recommendation #32 April 9, 2007, (PDF, 4 pages – 105 KB)
Recommendation to USCIS that it
- post general information on deferred action on its website;
- maintain statistics on the issuance and denial of deferred action requests; and
- designate a headquarters official to review grants and denials of deferred action requests on a quarterly basis to ensure that like cases are decided in like manner.
- USCIS Response to Recommendation #32, August 7, 2007, (PDF, 2 pages - 77 KB)
February 2007
Recommendation #31 February 8, 2007, (PDF, 3 pages - 86 KB)
Recommendation that USCIS adopt a Standard Operating Procedure (SOP) under which there would be at least 30 day advance notice to the public and posting on the USCIS website of changes to policy and operations instructions, absent exigent circumstances.
- USCIS Response to Recommendation #31, May 7, 2007, (PDF, 1 page – 226 KB)
2006 Recommendations
July 2006
Recommendation #30 July 12, 2006, (PDF, 15 pages - 175 KB)
Recommendation to USCIS to improve Freedom of Information Act operations while ensuring that information is provided timely by implementing seventeen actions and requirements which will result in a substantially reduced backlog.
- USCIS Response to Recommendation #30 October 5, 2006 (PDF, 6 pages - 574 KB)
June 2006
Annual Report Recommendations June 30, 2006
Recommendation #29 June 30, 2006, (PDF, 6 pages - 113 KB)
Recommendation that USCIS amend O petition rules to facilitate "extraordinary ability" aliens' employment in the United States by extending the maximum initial validity of O petitions from three to five years, and increasing the maximum extension length from one to five years.
- USCIS Response to Recommendation #29 October 3, 2006 (PDF, 2 pages - 218 KB)
Recommendation #28 June 9, 2006 (PDF, 4 pages - 82 KB)
A recommendation to immediately implement an online change-of-address procedure to supplement the current Form AR-11 process.
- USCIS Response to Recommendation #28 September 8, 2006 (PDF, 1 page - 67 KB)
May 2006
Recommendation #27, May 19, 2006 (PDF, 11 pages - 127 KB)
Recommendation to USCIS that it implement up-front processing of immigration benefits beginning with those for family-based adjustment of status applications for the following reasons:
- to enhance security and process integrity;
- to improve customer service; and
- to increase USCIS efficiency.
- USCIS Response to Recommendation #27 August 21, 2006 (PDF, 3 pages - 22 KB)
April 2006
Recommendation #26 April 13, 2006, (PDF, 6 pages - 133 KB)
Recommendation to accept DNA test results as secondary evidence of family relationship, to grant authority to directors to require DNA testing and to initiate a DNA testing pilot project to study the impact of requiring DNA testing as evidence of family relationship.
- USCIS Response to Recommendation #26 July 5, 2006, (PDF, 2 pages - 15 KB)
March 2006
Recommendation #25 March 20, 2006, (PDF, 5 pages - 100 KB)
Changes to employment authorization document ("EAD") procedures including:
- issuance of multi-year EADs;
- issuance of EADs valid as of the date any previous issuance expires; and
- amendment to regulations to provide that K-1 nonimmigrants are not subject to breaks in employment authorization.
- USCIS Response to Recommendation #25 June 20, 2006, (PDF, 3 pages - 29 KB)
Recommendation #24 March 20, 2006, (PDF, 95 pages - 924 KB)
Asylum Office limitation on adjudication of I-589 applications for asylum and withholding of removal to those submitted from individuals who are in valid non-immigrant status in the United States.
- USCIS Second Response to Recommendation #24 June 20, 2006 (PDF, 23 pages - 219 KB)
- USCIS First Response to Recommendation #24 April 27, 2006 (PDF, 1 page - 11 KB)
Recommendation #23 March 20, 2006 (PDF, 3 pages - 84 KB)
Elimination of fingerprint requirements for active duty United States military personnel in the naturalization application processes.
- USCIS Response to Recommendation #23 April 27, 2006 (PDF, 1 page - 12 KB)
Recommendation #22 March 20, 2006, (PDF, 4 pages - 87 KB)
Standardization of Notices to Appear ("NTAs") to provide that NTAs be issued and filed with the immigration court in all cases where, as a result of adjustment of status denial, the applicant is out of status.
- USCIS Response to Recommendation #22 April 27, 2006, (PDF, 2 pages - 17 KB)
2005 Recommendations
December 2005
Recommendation #21 December 7, 2005 (PDF, 3 pages - 85 KB)
Automation and standardization of the Notice of Action Form (I-797) that includes Form I-94 for asylum approval notifications by the USCIS Asylum Division
- USCIS Second Response to Recommendation #21 April 27, 2006, (PDF, 1 page - 11 KB)
- USCIS First Response to Recommendation #21 March 17, 2006, (PDF, 4 pages - 44 KB)
Recommendation #20 December 7, 2005 (PDF, 5 pages - 91 KB)
Publication of the process under which cases are deemed precedent decisions, the criteria under which cases are selected for oral argument, and the statistics on decision making by the Administrative Appeals Office.
- USCIS Second Response to Recommendation #20 April 27, 2006, (PDF, 1 pages - 12 KB)
- USCIS First Response to Recommendation #20 December 19, 2005, (PDF, 4 pages - 21 KB)
October 2005
Recommendation #19 October 13, 2005 (PDF, 4 pages - 87 KB)
Elimination of 'pick up' decision delivery process for asylum applicants in favor of a certified mail, return receipt notification process.
- USCIS Second Response to Recommendation #19 April 27, 2006 (PDF, 1 page - 12 KB)
- USCIS First Response to Recommendation #19 December 12, 2005 (PDF, 5 pages - 48 KB)
August 2005
Recommendation #18 August 28, 2005 (PDF,3 pages - 83 KB)
Publication of nonimmigrant visas issued against the annual numerical limitation on H-1B and H-2B visas to project the numerical cap of annually available visa numbers.
- USCIS Second Response to Recommendation #18 April 27, 2006, (PDF, 1 page - 12 KB)
- USCIS First Response to Recommendation #18 December 27, 2005, (PDF, 1 page - 11 KB)
July 2005
Recommendation #17 July 29, 2005 (PDF, 4 pages - 1.3 MB)
Elimination of the postal meter mark 'Return Service Requested' on USCIS envelopes, thereby allowing all USCIS correspondence to be forwarded to applicants/petitioners.
- USCIS Response to Recommendation #17, April 27, 2006 (PDF, 1 page - 11 KB)
June 2005
Recommendation #16 June 10, 2005 (PDF, 3 pages - 83 KB)
Policy changes to processing procedures for form I-131 refugee travel documents.
- USCIS Second Response to Recommendation #16 April 27, 2006, (PDF, 1 page - 12 KB)
- USCIS First Response to Recommendation #16 December 27, 2005, (PDF, 3 pages - 50 KB)
May 2005
Recommendation #15 May 9, 2005 (PDF, 3 pages - 84 KB)
Correction to contract issues for Department of the Treasury Lockbox and contractor, Bank One, Inc. due to untimely issuance of receipts to petitioners and applicants.
- USCIS Second Response to Recommendation #15 April 27, 2006, (PDF, 1 page - 12 KB)
- USCIS First Response to Recommendation #15 May 25, 2005, (PDF, 3 pages - 94 KB)
February 2005
Recommendation #14 February 25, 2005 (PDF, 2 pages - 77 KB)
Guidelines for USCIS termination of pilot programs.
- USCIS Second Response to Recommendation #14 April 27, 2006, (PDF, 1 page - 12 KB)
- USCIS First Response to Recommendation #14 May 25, 2005, (PDF, 2 pages - 48 KB)
2004 Recommendations
December 2004
Recommendation #13 December 15, 2004 (PDF, 4 pages - 88 KB)
Long and short-term recommendations concerning USCIS issuance of permanent resident cards to arriving immigrants.
- USCIS Second Response to Recommendation #13 April 27, 2006, (PDF, 1 page - 13 KB)
- USCIS First Response to Recommendation #13 May 25, 2005, (PDF, 3 pages - 28 KB)
November 2004
Recommendation #12 November 29, 2004 (PDF, 4 pages - 92 KB)
Cessation of use of the Department of Treasury Lockbox by USCIS upon the expiration of its current Memorandum of Understanding.
- USCIS Third Response to Recommendation #12 April 27, 2006, (PDF, 1 page - 14 KB)
- USCIS Second Response to Recommendation #12 May 25, 2005, (PDF, 2 pages - 6 KB)
- USCIS First Response to Recommendation #12 December 17, 2004, (PDF, 2 pages - 16 KB)
Recommendation #11 November 29, 2004 (PDF, 2 pages - 82 KB)
National policy guidance on the implementation of InfoPass to ensure equitable access to immigration services.
- USCIS Second Response to Recommendation #11 April 27, 2006, (PDF, 1 page - 12 KB)
- USCIS First Response to Recommendation #11 December 17, 2004, (PDF, 3 pages - 22 KB)
October 2004
Recommendation #10 October 6, 2004 (PDF, 3 pages - 86 KB)
Correction to Naturalization policy memorandum in order to fully comply with section 319(a) of the Immigration and Naturalization Act, as amended by Public Law 106-386.
- USCIS Second Response to Recommendation #10 April 27, 2006, (PDF, 1 page - 10 KB)
- USCIS First Response to Recommendation #10 December 17, 2004, (PDF, 2 pages - 10 KB)
Recommendation #9 October 6, 2004 (PDF, 2 pages - 87.80 KB)
Single USCIS forms package per type of petition/application regardless of which district office or service center will process the petition/application.
- USCIS Third Response to Recommendation #9 April 27, 2006, (PDF, 1 page - 11 KB)
- USCIS Second Response to Recommendation #9 May 25, 2005, (PDF, 2 pages - 19 KB)
- USCIS First Response to Recommendation #9 December 17, 2004, (PDF, 2 pages - 11 KB)
September 2004
Recommendation #8 September 27, 2004 (PDF, 3 pages - 83 KB)
Expansion of the Premium Processing Service (PPS) to include employment-based change-of-status (I-539) applications.
- USCIS Fourth Response to Recommendation #8 April 27, 2006, (PDF, 1 page - 13 KB)
- USCIS Third Response to Recommendation #8 December 27, 2005, (PDF, 1 page - 4 KB)
- USCIS Second Response to Recommendation #8 May 25, 2005, (PDF, 2 pages - 12 KB)
- USCIS First Response to Recommendation #8 December 17, 2004, (PDF, 2 pages - 21 KB)
August 2004
Recommendation #7 August 16, 2004 (PDF, 3 pages - 72 KB)
Establishment of a separate fee structure for the “e-filing” of applications/petitions.
- USCIS Response to Recommendation #7 December 17, 2004, (PDF, 2 pages - 15 KB)
Recommendation #6 August 16, 2004 (PDF, 2 pages - 83 KB)
Authorization for employers to store Form I-9s electronically.
- USCIS Third Response to Recommendation #6 April 27, 2006, (PDF, 1 page - 12 KB)
- USCIS Second Response to Recommendation #6 May 25, 2005, (PDF, 2 pages - 26 KB)
- USCIS First Response to Recommendation #6 December 17, 2004, (PDF, 3 pages - 22 KB)
Recommendation #5 August 11, 2004 (PDF, 2 pages - 79 KB)
Customer Service Training for USCIS Employees.
- USCIS Third Response to Recommendation #5 April 27, 2006, (PDF, 1 page - 16 KB)
- USCIS Second Response to Recommendation #5 May 25, 2005, (PDF, 2 pages - 38 KB)
- USCIS First Response to Recommendation #5 December 17, 2004, (PDF, 2 pages - 94 KB)
June 2004
Recommendation #4 June 29, 2004 (PDF, 1 page - 24 KB)
Modification of Fee Instructions.
- USCIS Third Response to Recommendation #4 April 27, 2006, (PDF, 1 pages - 16 KB)
- USCIS Second Response to Recommendation #4 May 25, 2005, (PDF, 2 pages - 30 KB)
- USCIS First Response to Recommendation #4 December 17, 2004, (PDF, 1 page - 15 KB)
Recommendation #3 June 18, 2004 (PDF, 1 page - 17 KB)
Reengineering Green Card Replacement Processin.
- USCIS Response to Recommendation #3 May 23, 2006, (PDF, 1 page - 14 KB)
Recommendation #2 June 18, 2004 (PDF, 2 pages - 16 KB)
Streamlining Employment-Based Immigrant Processing.
- USCIS Second Response to Recommendation #2 April 27, 2006, (PDF, 3 pages - 24 KB)
- USCIS First Response to Recommendation #2 December 27, 2005, (PDF, 1 page - 14 KB)
Recommendation #1 June 18, 2004 (PDF, 2 pages - 19 KB)
Streamlining Family-Based Immigrant Processing.
- USCIS Response to Recommendation #1 April 27, 2006, (PDF, 4 pages - 24 KB)
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