Two Years Later: The Status of AILA’s Recommendations to Reduce Barriers to USCIS Benefits and Services

Take Action: Urge USCIS to Remove Barriers to Its Benefits and Services

In May 2021, AILA submitted comments in response to a USCIS request for input identifying barriers across its benefits and services. AILA identified key recommendations on how USCIS can reduce barriers across three areas:

• Customer engagement and access,
• Adjudicative practices and timely processing of benefits, and
• Regulations and policies that impede USCIS customers from accessing the agency’s services and benefits in an efficient and effective manner.

Nearly two years later, AILA reviews USCIS’s progress in implementing our recommendations to reduce barriers to the legal immigration system.

What is clear from the chart below is that USCIS has taken many steps to address inefficiencies in its operations. However, it also shows that there is more work to be done to ensure that USCIS fulfills its customer service mission and eliminates barriers to its benefits and services to ensure timely access to and processing of immigration benefits.

Moving forward, AILA will continue to press the agency on many of these topics.

Customer Engagement and Access

Key:

No administrative action taken or implemented

In progress

Completed

AILA Recommendation	USCIS Actions
Reframe Its Mission Statement	On February 9, 2022, USCIS announced a new agency mission statement.
Ensure That Students Are Not Prejudiced by USCIS Processing Delays	On July 20, 2021, USCIS announced new policy guidance that eliminated the need for bridge applications for individuals who applied for change of status to F-1.
Reinstate Local and National Email Inquiry Boxes at Relevant Offices	On September 30, 2022, USCIS instituted a new stakeholder email box for organizations to raise with operational, process, or systems issues that indicate a trend or theme that could impact case processing on a larger scale.
Reemphasize the Importance of Providing Customer Service and Restore NCSC Name	While AILA firmly believes there is significant room to grow, USCIS has returned to using the word “customers” and has restored regular engagements with the public at a level significantly higher than under the prior administration. In its Strategic Report, USCIS pledged to modernize the USCIS Contact Center based on a “human centered design approach.”
Amend the Scheduling System for Local USCIS Office Appointments	USCIS has publicly stated its plans to provide better transparency and flexibility concerning callback windows for inquiries and appointment requests made through the USCIS Contact Center. Agency officials have also confirmed that they are considering allowing law firm staff that are not the G-28 attorney of record greater engagement with the USCIS Contact Center, although there does not appear to be an update or change planned at this time.
Amend the Current Online Filing System to Ensure Legal Representation	AILA has participated in multiple listening sessions regarding the USCIS digital system and discussed connecting immigration software products to the myUSCIS system. AILA continues to engage on these issues to ensure the agency understands the importance of attorney representation in their online systems.
Resolve Issues Plaguing Scheduling of Appointments	USCIS has publicly stated its plans to provide better transparency and flexibility concerning callback windows for inquiries and appointment requests made through the USCIS Contact Center. USCIS also announced a policy to extend I-90 receipt validity to 24 months in order to decrease the number of appointments needed for ADIT stamps.
Take Steps to Reduce Cost and Secure Funding Without Passing on Cost to Customers	USCIS has taken steps to reduce costs and secure funding without passing on the cost to customers. In particular, the agency has also requested funding from Congress via the appropriations process, with a portion of the allotted funds directed towards backlog reduction. In FY22, Congress allocated $275 million for backlog reduction. No appropriations were allocated for FY23, despite a request in the President’s budget. The agency continues to request continued support from Congress to facilitate backlog reduction, as seen as recently as in a December 2022 progress report. At the same time, USCIS also issued a Notice of Proposed Rulemaking that will significantly increase the filing costs for many applicants and petitioners in a manner that seems to institutionalize its inefficiencies.
Offer Robust National and Local Engagements with Customers	USCIS has held stakeholder engagements nationally and has generally allowed local offices to engage with AILA chapters again, although it is at the discretion of each particular office. USCIS Headquarters has also agreed to resume engagement with AILA National, with the latest engagement being held on December 8, 2022. In its Strategic Plan, USCIS committed to partnering with key stakeholders and exploring pathways to strengthen and implement more consistent engagement.
Take Steps to Reduce Crisis-Level Processing Delays	USCIS has taken steps to reduce its backlog. The agency has expanded premium processing to include additional form types; requested appropriations from Congress to, among other things, help address the growing backlog; implemented cycle time processing goals, which it intends to meet by the end of 2023; and plans to implement other changes that will increase efficiency. It has also taken steps to provide relief for particularly impacted form types like the Form I-765 and the Form I-90. In May 2022, the agency increased the automatic extension of certain I-765 renewals from 180 days to 540 days. In September 2022, USCIS extended the validity of I-90 receipt notices from 12 months to 24 months. While progress has certainly been made, other form types have not seen the same benefits. For example, processing times for the Form I-601A have nearly doubled between FY2021 and the current date in FY2023. It is clear that the agency must do more to reduce delays across form types without negatively impacting others.
Reopen International USCIS Field and District Offices	No action.
Make Customer Service Center More Accessible for Customers	USCIS indicated in its Strategic Plan that it has begun a pilot of a text-ahead feature that would alert customers when a callback is intended. However, generally, members still report significant frustration in navigating the USCIS Contact Center.
Expand E-Requests	No action.
Permit Self-Scheduling of Biometrics	No action.
Provide an Email Option for Receipt Numbers for All Cases	No action.
Offer Walk-In Availability	No action.
Ensure Timely Responses to U Visa Hotline Emails	No action.
Ensure Access to USCIS Customer Service Center Services for International Customers	No action.
Improve Premium Processing Customer Service	No action.

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Adjudicative Practices and Time

Key:

No administrative action taken or implemented

In progress

Completed

AILA Recommendation	USCIS Actions
Reinstitute the Agency’s 2004 “Deference” Policy	On April 27, 2021, USCIS issued guidance that restored, with updates, the agency’s 2004 deference policy.
Stop Rejecting Applications and Petitions Due to Alleged Incompleteness or Blank Spaces	On April 1, 2021, USCIS confirmed the elimination of the “blank space criteria,” reverting back to the rejection criteria that existed for these forms prior to October 2019.
Devise a Method to Recalculate and Disseminate Processing Times	The USCIS processing times page has received a refresh and the agency has actively solicited feedback on its presentation. The new page includes a new calculation tool, no longer shows a range for processing windows, and provides a detailed explanation of how times are calculated and when follow up is available.
Rescind the July 2018 RFE/NOID Policy Memo	On June 9, 2021, USCIS rescinded the 2018 RFE/NOID Policy Memo and returned to following the 2013 guidance.
Eliminate the Mandatory In-Person Interview Requirement for Routine Cases, Including Adjustment of Status and Refugee/Asylee Relative Applications	USCIS has eliminated the mandatory in-person interview requirement for routine cases for both adjustment of status and refugee/asylee relative applications.
Limit the Supporting Documentation Required for Petitions for the Continuation of Existing Employment	No action.
Adjudicate Related Cases Together	AILA has received reports that the agency appears to have begun adjudicating some related cases together once again. However, the agency has also stated on its website that as of February 1, 2022, when possible, it will adjudicate the Form I-765 before a related Form I-131. In addition, under a settlement reached on January 19, 2023, in Edakunni, et al. v. Mayorkas, No. 21-cv-393-TL (W.D. Wash.), USCIS agreed to return to bundling the adjudication of Form I-539 and Form I-765 for H-2 and L-2 derivatives along with the underlying I-129 petition, provided the forms are properly filed together. The agency agreed to do so regardless of whether the forms are filed under standard or premium processing.
Reuse Biometrics and Waive the Biometrics Requirement for Certain Groups	USCIS suspended the requirement for certain categories during the COVID-19 pandemic, and has also been reusing biometrics for other categories. In its December 2022 Progress Report, USCIS confirmed that it would be continuing its policy of reusing biometrics whenever possible and appropriate, and that it planned in FY2023 to remove the requirement for applicants for change and extension of nonimmigrant status.
Issue RFEs and NOIDs More Judiciously	USCIS has provided flexibility in responding to RFEs and NOIDs. This flexibility was due to expire on January 24, 2023, and has been extended to March 23, 2023. While the agency has given more time to respond, the quantity and quality of RFEs has in many instances not improved.
Minimize Burdensome Paperwork Requirements	USCIS has incorporated additional form types into ELIS, and has indicated in a January 2023 Strategic Plan that between 2023 and 2026, the agency will conduct an assessment of all forms to reduce redundancies and complexities. The agency has not adopted our recommendation to allow high-volume filers to streamline filing.
Create a Backlog Reduction Unit	USCIS has not created a backlog reduction unit, but has appointed a taskforce designed to address the backlog. USCIS has confirmed during panels at AILA conferences that long-time agency official Dan Renaud was been tasked with leading backlog reduction efforts.
Expand Premium Processing as Directed by Congress	As directed under the Emergency Stopgap Stabilization Act, USCIS has announced a planned expansion of premium processing for certain Forms I-140, Form I-539, and Form I-765. The agency has begun implementation of this expasion.
Permanently Accept Scanned Original Signatures and Begin Accepting Digital Signatures	USCIS has updated its Policy Manual to reflect the fact that it will accept scanned original signatures. It became permanent policy on July 25, 2022. There has not been an update concerning the acceptance of digital signatures.
Issue All I-485-Based EADs and Advance Paroles with a Validity Period of at Least Two Years	Per a June 9, 2021, alert, USCIS is providing initial and renewal EADs to adjustment applications that are valid for two years.
Process I-526 Petitions Based on Visa Availability	USCIS claims that it is processing I-526 petitions based on visa availability. It is unclear if this is resulting in a meaningful change in processing times. However, I-526 adjudications continue to lag.
Consistently and Fairly Adjudicate Fee Waiver Requests	No action.
Ensure Access to Counsel	Despite guidance from the agency that access continues to be offered by USCIS, AILA has received continued reports, particularly in the asylum context, of officers not contacting an attorney or generally not taking adequate steps consistent with procedure to facilitate representation.
Ensure Timely and Consistent Issuance of U and T Visa Extension Notices	According to an update from AILA’s VAWA, U, and T committee, for at least T adjustment cases, the I-485 receipt notice contains the language regarding automatic extensions based on timely filing the I-485. There is no longer a second notice indicating an automatic extension of T status during the pendency of the adjustment. However, U adjustment cases are still not consistently getting extension notices. There is updated language on the receipt notice to address the extension—but it is not as clear to some agencies as it should be. Also problematic, the U AOS receipts state that employment authorization will be extended one year from the expiration date of the I-94 (or U visa), but U AOS’s are taking nearly two years to process. The result is that delayed EADs are causing survivors to lose jobs.
End the “Last In, First Out” Policy to Address Asylum Backlogs	No action.
Reduce the I-730 Backlog	No action.
Implement a More Reasonable Approach to Expedite Requests	There are now five criteria after an update from July 2021 that added nonprofit organizations whose requests are in furtherance of cultural or societal interests of the United States.
Provide Clear and Advance Instructions Regarding USCIS Filing Addresses	No action.
Eliminate Denials of Advance Parole Applications for Travel	No action.
Create a Trusted Filer Program	No action.
Streamline the Evidence That Must Be Provided by Publicly Traded Companies	No action.
Establish Priority Date Registration for Filing Adjustment of Status	No action.
Clarify Which Applications Require Passport Style Photos	No action.
Eliminate KCC Duplicate Copy	As of August 11, 2022, petitioners do not need to submit a duplicate copy of the Form I-129 petition or supporting documentation, unless specifically requested.
Treat U and T Derivatives the Same as Principals	No action.
Reserve Collecting Biometrics from U & T Visa Derivative Applicants Abroad Until the Consular Processing Stage	No action.
Mandate That Adjudicator Identification Numbers Be Included on RFEs and Denial Notices	No action.
Clarify That Signatures Are Not Required for U Visa Applicants Who Are Abroad	No action.
Retrain Adjudicators on the Appropriate Standards of Proof	No action.
Review Process to Ensure Proper Handling for the Recording of Information from Form G-28	No action.
Improve Consistency of Adjudications at the Immigrant Investor Program Office (IPO)	No action.
Determine H-1B Cap Exemption Eligibility on an Institutional Basis	No action.

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Regulations and Policies

Key:

No administrative action taken or implemented

In progress

Completed

AILA Recommendation	USCIS Actions
Comply with INA §214(p)(6)	USCIS provided FAQs on the U nonimmigrant status bona fide determination process, including information on filing, adjudication, and renewal.
Urge the Attorney General (AG) to rescind former AG Session’s decision in Matter of Castro-Tum	On July 15, 2021, U.S. Attorney General Garland vacated the former AG Session’s decision in Matter of Castro-Tum.
Update the 2012 Dinkins Memorandum	No action.
Simplify and Clarify the Form I-9	No action. AILA submitted comments on 5/31/22.
Revise the Redeployment Policy Manual Update	Congressional action was taken under the E-5 Reform Act of 2022. The act disposed of the geographic requirement. In April 2022, USCIS stated that it intends to apply the new law to everyone.
Expand Evidence to Support Claims of Extreme Cruelty	No action.
Rescind Policy Memorandum 602-0133, Matter of L-S-M	No action.
End the Practice of Refusing to Issue Deferred Action to VAWA Self-Petitioners	No action.
Recapture Unused U Visa Numbers	No action.
Amend 8 CFR §274a.2(b)(2)(ii) to Allow for a 30-Day Notice and Production Period	No action.
Address the Issue of I-9 Documentation for F-1 OPT	No action.
Update the Virtue Memorandum	Based on April 2022 liaison minutes, USCIS is looking at it, but it does not appear to be a priority.
Exercise Greater Discretion for Form I-94 Records Shortened on Admission	No action.
Provide Administrative Relief to Individuals Who Are Stuck in the Immigrant Visa Backlog	On February 14, 2023, USCIS issued guidance to update when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (CSPA). In addition, USCIS has also indicated that it is planning to issue a Notice of Proposed Rulemaking to address visa availability.
Expand Dual Intent for Additional NIV Categories	No action.
Revoke the 2017 Restrictions on the TN Category for Economists	No action.
Create an Exception for I-751 Derivatives in Battery/Extreme Cruelty Cases	No action.
Allow the Issue of Concurrent Filing of Form I-485 for All I-360 Beneficiaries	While no action has been taken, USCIS has stated that it intends to address this topic in its upcoming rulemaking concerning regulations governing adjustment of status and related benefits.
Address the Issue of USCIS Denials Based on Derogatory Information (8 CFR §103.2(b)(16))	No action.
Comply with 8 CFR §214.11(d)(7)	A section in the USCIS Policy Manual has been reserved for bona fide determinations but has yet to be published. In March 2022, the USCIS Office of Policy and Strategy indicated that the agency is considering responses to the interim final rule comment period that was reopened in July 2021, which included comments regarding implementation of a T-based bona fide.
Address the Issue of Proof of Lawful Permanent Resident Status for EB-5 and I-751 Cases	USCIS extended receipt notice validity from 18 months to 24 months to 48 months. However, the Form I-829 processing time is still very long, so this remains an issue. USCIS also started a national initiative to mail ADIT stamps to individuals.
Ensure That Policy Manual Updates Are Transparent, Provide Stakeholders with Sufficient Time for Comment, and Are Not Retroactive	Comments on Policy Manual updates may be submitted essentially at any time. However, the agency has not yet returned to its previous policy of providing redlines or clearer indication of what has and has not been updated.
Eliminate Recent Changes to the USCIS Policy Manual Regarding the Application of Discretion in Immigration Benefit Adjudications	The Biden administration updated PA-2021-01 to increase the period that employment authorization is valid for those seeking to adjust under INA §245. Aside from this, the remaining Policy Manual updates continue to be intact or unchanged by the administration, although limited injunctive relief was provided by the U.S. District Court for the District of Maryland applying to the technical update: Removing Exemption from Discretion for Asylum Applicants Seeking Employment Authorization under 8 CFR §274a.12(c)(8).
Clarify Work Authorization Incident to Status	USCIS has updated language in its Policy Manual to indicate that spouses of E and L beneficiaries are work authorized incident to status, but have yet to provide the same language for K-1 visa holders.
Modernize the Form I-9 Employment Eligibility Verification Process	A Notice of Proposed Rulemaking was published and the comment period closed in October 2022. AILA provided a comment.
Reissue Regulations That Require USCIS to Issue EADs Within 90 Days, or Issue Interim EADs, to Prevent Unnecessary Loss of Employment	USCIS issued a temporary final rule extending temporary work authorization for certain categories for up to 540 days while the application was being adjudicated.
Extend Automatic Extension of EADs to More Visa Categories	USCIS extended this policy to E, H-4, and L-2 dependent spouses as requested in AILA’s comment.
Provide Greater Clarity for Certifying Agencies	In May 2022, USCIS updated its U and T Visa Law Enforcement Resource Guides.
Incorporate Court Decisions into USCIS Training Materials, the USCIS Policy Manual, and USCIS Adjudications	USCIS has archived the regional center portion of the Policy Manual due to the change in law brought on by the EB-5 Reform Act. It is unclear if the agency plans to update the manual for court decisions.
Not Convert I-765 Applications That Clearly List the (a)(20) Category into (c)(14) Category EAD Applications	USCIS rectified the issue with no fee c(14) EAD submissions, but it remains to be seen if a new EAD application will be needed if/once visa numbers become available in these categories.
Comply with 8 CFR §214.14(d)(2)	No action.

Related Resources

• AILA Submits Comments Identifying Barriers to USCIS Benefits and Services
• USCIS Request for Public Input on Reducing Administrative Barriers (86 FR 20398, 4/19/21)