United States Citizenship and Immigration Services (USCIS) is currently attempting to work through its backlog of over 5 million cases and over 8 million pending cases. In July 2019, before the beginning of the COVID-19 pandemic, the backlog was less than 3 million cases.

The USCIS Ombudsman shared that while they are looking to work through backlogged cases of all types, there are some cases of higher priority. They have had trouble hiring sufficient personnel to work through the backlog, especially in the fiscal year 2020, when it was taking an average of over 100 days to onboard new staff after the date on which they were hired.

An associate director for the Department of Homeland Security (DHS) explained that digital solutions like virtual interviews were used to continue processing cases while continuing to abide by social distancing guidelines. Recent hires have focused on supervisory roles to prepare for an influx of new personnel.

Additionally, a senior advisor to the director of USCIS stated that those working in healthcare and childcare have the option of receiving an expedited review of their employment authorization documentation. The validity of work permits has also been doubled in duration for certain categories of applicants.

The USCIS Ombudsman shared a formal recommendation that the organization no longer operate on a fee-for-service basis. 97% of the USCIS’s income comes from fees-for-service, and these fees have not been adjusted for inflation due to the time required to make such changes. The COVID-19 pandemic further proved that this model is inadequate.

The ombudsman’s recommendations to address the USCIS backlog include covering certain services that are not fee-based but are paid for at applicants’ expense. In addition, they suggest redesigning the fee review process to ensure that staffing is sufficient, and backlogs can be avoided. Another major recommendation was to change the Form I-129 notification process so that workers impacted by the form are notified of actions or status changes to the application. Currently, only employers receive such information, putting workers in a vulnerable position.

If you have questions about your immigration-related issue, contact us at ILBSG. Our expertise combined with years of experience ensures our clients get the right advice.

USCIS backlog