USCIS AILA Meeting April 7, 2011

[Sergi9 110]

Meeting Notes

Posted Processing Times and Delays

A.

Processing Times Posted on www.uscis.gov

AILA continues to be concerned that the processing times posted on the USCIS website are not reflective of actual processing times. USCIS has advised that much of this is due to technical limitations, for example, the software and process used to collect this information are incapable of real-time reporting. However, in response to inquiries on petitions that were ONPT (outside normal processing times), NCSC reported that the “real” processing times were longer than posted processing times. Until a petition is more than 30 days beyond this “real” processing time, NCSC could not take a referral to the Service Center on the petition. For example, for at least six months, the posted processing times for I-140 petitions were stated at 4 months, whereas the actual processing time was closer to 8 months, and the posted processing times for H-1B I-129 petitions was stated to be two months, whereas the actual processing times were closer to 6 months.

Stakeholders rely on the posted processing times for planning. Inaccurate processing times and sudden great changes in processing times (from 4 months to 8 months seemingly overnight) defeat this purpose. The perception that posted processing times are so unreliable has generated third-party websites to track actual processing times for petitioners and beneficiaries (c.f., www.trackitt.com). The end result is that the public cannot trust the stated processing times on the USCIS website, thwarting one of the Service’s four principles: transparency.

i.

Would the Service explain the current challenges to fast and accurate processing time reporting and what efforts are being taken to overcome these challenges?

Response: USCIS is poised to begin a pilot test of a new Enterprise Performance Analysis System (ePAS) in early May that will facilitate improved data collection and reporting that ultimately will enable processing times to be published on the web that are closer to near real-time than is currently the case under the current performance system. The ePAS system will provide the agency with an automated means by which to collect, store, and report immigration application and petition production data on a daily basis. A new Standard Management Analysis Reporting Tool (SMART) is also being introduced that will provide next-day reporting capabilities of data collected by ePAS. SMART is an Oracle Business Intelligence software product that is able to be deployed throughout the USCIS enterprise to deliver increased reporting, ad hoc query and analysis capabilities, as well as expanded data sets to support development of dashboards and performance scorecards. USCIS employees will be able to access and interact with information in multiple ways, including web-based interactive dashboards, collaboration workspaces, search bars and through common Microsoft Office applications.

At this time, the OPQ collects operational data from the Service Centers and Field Offices for end-of-month reporting. This process involves each office and center submitting an end of month production report by the 8th business day of the following month. The data collected from these reports are used to calculate the processing times that are published. However, before OPQ is able to process the data received, substantial quality control audits are undertaken to ensure the reported data is accurate, reliable and complete. Once these audits are completed the OPQ publishes the final data set and calculates the processing times that

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are published to the web by the 15th day of the next month making them approximately 45 days stale by the time they are officially posted.

The posted processing times reflect the Agency’s processing position relative to the number of applications/petitions received from the previous reporting period. Additionally, the processing time calculations are based upon the congressionally mandated processing time goals, and reflect the relative number of applications/petitions received over the target processing time period. Thus, the processing times posted are not indicative of a literal aging report that would contain the actual age of each application and petition that is contained within the inventory of pending cases, therefore, outliers may occasionally emerge where the age of a pending cases does not align with the processing time posted on the web.

ii. We understand that Transformation will include the implementation of improved date management and reporting systems. Can USCIS confirm that one of the stated goals of Transformation is an accurate, real-time processing time reporting function?

Response: The USCIS Office of Performance and Quality (OPQ) is collaborating with the Office of Transformation Coordination (OTC) toward improved data management and reporting systems. In the interim period prior to the fully transformed environment, OPQ will deploy the Enterprise Performance Analysis System (ePAS), which will house operational data in a similar repository as Transformation. The Standard Management Analysis Reporting Tool (SMART) will facilitate next-day reporting capabilities from ePAS, and is utilizing the same technology for reporting that will be employed through Transformation. These collaborative efforts will position the agency to make a streamlined transition toward a fully transformed environment that will provide accurate and real-time processing time updates.

B.

Processing Delays

During the past year processing times spiked for several types of petitions, including I-129 and I-140 petitions. To address the increase in processing times, SCOPS transferred a number of I-130 petitions CSC to TSC, only to be eventually sent back to CSC. In regard to significant I-129 backlogs, stakeholders have questioned whether USCIS introduced delays to increase Premium Processing filings (a Google search brought up several blogs with such comments). While AILA understands that this could never be agency policy, the perception thwarts the Service’s principles of integrity and transparency.

i. Can USCIS please advise AILA on current efforts to return to the stated processing goals?

Response: In reference to the I-130s that were transferred back to the CSC, SCOPS immediately implemented this plan once it was determined that several thousand IR I-130s were close to or past processing times. We coordinated with the CSC, who had available resources to absorb the work at the time.

As of April 1, 2011, the status of this population of cases is:

Approved

Denied

Pending Request for Evidence

At District Office for

15

/ Intent to Deny

Interview

28770

468

4362

2130

Regarding the H-1B processing time, both the California and Vermont Service Centers have been working to comply with the stated two-month processing time for H-1B petitions. Each center has trained additional officers to assist in attaining this goal. Both centers provide weekly reports to SCOPS HQ regarding these efforts. As of March 28, the CSC reported that they are at current on cap cases, at a February 6, 2011 processing date on cap exempt cases, and a March 3, 2011, processing date for EOS petitions. The VSC reported that they are current on cap cases and at a January 28, 2011 processing date for EOS petitions.

ii. Can USCIS also discuss the plans in place to effectively process I-129 petitions within stated processing goals when FY2012 H1-B petitions begin to be filed in April 2011?

[Codeblue009 3]

Well......the only thing I will say on this matter is that even if we get a more accurate account of all of the processing times, in the end it really won't matter much because they do not have the appropriate level of staffing. This new improved data base will reflect their productivity, which by our members standard is not that good, but the increase performance we are looking for will not be realized. I wonder why they removed the other centers from assisting with the K-1's? There use to be more centers (centre)to assist with the heavy load. Anyway, it is a good thing I get on a plane every 3 months to see my girl. I think I would be going nuts like everyone else waiting for this process. Thanks for the info and good luck to you.

[DiZZyLoX 114]

Wow. so they just refuse to talk about I-129 at all?

[Darnell 8,479]

I wonder if ePas is the 'thing' now responsible for the I-130 holdups, after approval at CSC in June? eek.