|
USCIS Director Alejandro Mayorkas and his senior staff have been traveling across the country and participating in various Stakeholder Meetings to gain insight into areas where the agency is doing well and areas that could do with some improvement. Jackson & Hertogs attorneys have participated in several different Stakeholder meetings and we want to provide our HR clients and friends with some of the information we have gleaned. We also want to provide you with a link where you can help shape the USCIS’ prioritization of issues.
Director Mayorkas is using these meetings as an important opportunity to listen and learn more about the immigration-related needs and concerns of businesses and individuals. While each meeting has had a slightly different focus based on the participants, Mr. Mayorkas has taken a keen interest in understanding the various concerns presented to him. Here are some of the major issues addressed in the last few meetings:
- USCIS is in the process of reviewing various policy statements that the agency uses in the adjudication of cases and evaluating how petitions and applications are adjudicated as a whole. They are also planning to work on the issuance of new regulations to clarify legal and procedural issues rather than simply continuing to issue non-binding policy guidelines. This will be a tremendous step forward as regulations require a vetting period where issues must be addressed before rules become final.
- In support of this process, USCIS is releasing a public survey that will ask what areas the Service should prioritize in their planned review of policies. We want to encourage everyone to join the dialogue by completing the survey. It only takes about 5 minutes to complete.
- USCIS recognizes that the Customer Service system is not living up to expectations. They will be reaching out to industry to find ways to improve on servicing a large customer base.
- USCIS will be issuing an overarching policy statement to examiners and officers that outlines expectations regarding the petitioner/applicant’s burden of proof and the USCIS’ ability to exercise discretion.
- USCIS commented that there is a draft proposed regulation that will again result in a fee increase if the regulation is issued. USCIS justifies the request for the fee increase to help offset the lost revenue due to the fact that the application volume is far below projections and that USCIS cannot request more funding from Congress.
- One entire Stakeholder meeting was devoted to discussing Requests for Evidence (RFE) that are routinely being issued on O, P and Q nonimmigrant categories and the Extraordinary Ability permanent resident category. Director Mayorkas’ opening remarks set forth his intention to use a phased approach where they will first look at existing templates in connection with the input from the public as well as their own guidance on these matters and in the development of SOPs. They are looking at each visa category with the goal of being more transparent as to what is required. Director Mayorkas stated that the RFE should explain the evidence that has been reviewed and why it either is or is not sufficient and what evidence is still needed. He said USCIS should not be making a determination on the particular type of documents needed to meet the criteria. Following this phase, USCIS will post draft updated RFE templates for further comment before finalizing. Director Mayorkas indicated that USCIS will invite stakeholders to provide feedback on the training of adjudicators.
- Similar to asking the public for our input, USCIS also sent an internal survey to their staff asking where to start first. While USCIS cannot do everything at one time, they are trying to address these matters in tranches. They are trying to move with alacrity but they also want any changes to be balanced and correct.
We applaud Director Mayorkas and his senior staff in engaging in these open dialogues with their customers. Please do take the time to complete the survey by clicking here. Your input matters!
You can read the original memo from Director Mayorkas here.
The USCIS Stakeholder survey is available in English and Spanish.
|
