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
Adjudicative Practices and Time
- Key:
- No administrative action taken or implemented
- In progress
- Completed
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. |