Critics: USCIS Policies Make Immigration Difficult And Dangerous

[90DayFinancier 910]

Critics: USCIS Policies Make Immigration Difficult And Dangerous

 

https://www.forbes.com/sites/stuartanderson/2020/03/23/critics-uscis-policies-make-immigration-difficult-and-dangerous/amp/

 

In the age of coronavirus, policies imposed by U.S. Citizenship and Immigration Services (USCIS) are making it difficult for businesses, high-skilled professionals and others to file applications and meet deadlines. Attorneys say that although USCIS has made one positive accommodation their clients deserve policies that better take into account the new health and safety realities of doing business under social distancing, remote work and USCIS office closures.

[Crazy Cat 41,845]

"In sum, critics say USCIS can adapt its policies to the new realities of coronavirus – or it can continue its old ways that have made life more difficult and dangerous for attorneys, employers and immigrants."

 

Hogwash.....complete hogwash....imvho

Edited March 23, 2020 by Lucky Cat

[geowrian 22,337]

Specific policies noted:

1. "A glaring example, attorneys say, is USCIS still does not permit electronic filing for the most commonly used employment-based forms."
   1. This is something they are behind on, but they are moving this direction. It's not so much a matter of USCIS making it hard, it's just a lot of planning and work to move over to an electronic-based system, and they are doing so with the most commonly used forms first.
2. "Paper-based applications and hard copy checks to pay filing fees are still required for most employment-based petitions. Vic Goel, managing partner of Goel & Anderson, said USCIS has not indicated it will relax or grant leniency on required filing dates and Requests for Evidence (RFE) response dates."
   1. Also complaints about not having an electronic system in place yet.
   2. No changes or exceptions have been granted on response timelines. While I understand the challenges COVID-19 has presented, the timelines in place already are not inappropriately short. If attorneys cannot keep up, I submit that they are being asked to take on more than they can actually handle. #overworkedbutnotoverpaid
   3. The article goes on a few times about how they cannot pay by credit card or ACH for those form types.
3. USCIS has adjusted signature policies to permit electronic signatures during the emergency. I haven't seen this memo, but it makes sense.
4. There are complaints about deadlines that won't be met due to the office closures, but no practical examples given. The only example provided was for AOS interviews. However, there is no practical deadline in those cases...they remain eligible (or ineligible) for the benefit whether USCIS takes 1 month or 1 year or longer to adjudicate the I-485.
5. "The spouses of H-1B visa holders and individuals with Deferred Action for Childhood Arrivals (DACA), among others, are likely to miss deadlines to renew Employment Authorization Documents (EADs) if USCIS office closures continue, note attorneys."
   1. Correct - those classes do not get an automatic EAD extension like most (see https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension). That said, IIRC (correct me if I'm wrong), those classes are typically adjudicated typically with only a few months delay.
   2. However, this is a complaint about what may happen in the future. USCIS may or may not make changes to the extension policy or other arrangements when that time comes. I think this is jumping the gun a bit...USCIS has not immediately changed policies to address a problem that may or may not actually happen. They have more urgen matters right now.
6. ABIL wants USCIS to "announce the immediate suspension of all immigration compliance deadlines"
   1. No...that's simply not going to happen and is not reasonable. They want the absolute, most extreme thing USCIS can do. never let a good crisis go to waste.

So...this is aimed at primarily employment-based immigration. The overwhelming main complaint is that USCIS has not provided for electronic filing of documents yet.

 

The main COVID-19 risk is the handling of paper documents...although I'm not sure how much this changes with electronic filing. Presumably most documents will still be paper-based and scanned into the system, so it's not like it's really reducing the amount of hands on paper (except on the USCIS side, which is good but not an argument made in the article).

Edited March 23, 2020 by geowrian

[Kris & Crystal 47]

So they're complaining about the health and safety of the application process... while wanting to import ostensibly temporary workers -- though we all know they won't be temporary -- are these workers then going to violate social distancing, travel to the US, work in an office, etc. Seems just a tad hypocritical to me.