USCIS to Furlough Staff Posted by Frank Gogol. This will certainly increase the total processing time for various types of applications. Nevertheless, the USCIS is still asking for a bailout and it appears they still plan to furlough 13,000 workers come August 3. For those new to working with ImmiPartner please contact us here. As of now, experts say it’s too soon to know what the impacts of the furloughs will be on green card and U.S. citizenship applications. Another example of a massive waste of resources by USCIS has come as a result of requiring immigration interviews for employment-based green card applications on every filing. If Congress does approve it, but not for the full amount, then furloughs will probably still go into effect, but likely for a shorter period. USCIS is under increasing pressure from Republicans and Democrats to delay the furlough. A looming furlough of thousands of U.S. The USCIS was formed in 2003, alongside Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). "All USCIS operations, including naturalization ceremonies, will be impacted by a furlough," spokesperson Joe Sowers said in a statement. U.S. “Well right now I’m supposedly one step away from becoming a U.S. citizen,” said Martha, an immigrant […] Late in July, USCIS agreed to postpone the […] (See Impending USCIS Furloughs Will Contribute to Historic Drop in US Immigration Levels). The furlough notices, which USCIS sent out earlier this month, said the unpaid time off would last for at least 30 days. July 22, 2020 Update: In contrast to the dire budget situation that was apparently faced by USCIS earlier in the year, it has now come to light that the USCIS in fact projects ending this year with a budget surplus. Impact of the Possible Furloughs. Blank immigration forms with written instructions, including for spousal visas, are available for free at the USCIS website. Note that laws and interpretation of immigration laws change over time. The USCIS has announced its intention to furlough 13,400 staff members at the end of August. USCIS Deputy Director for Policy Joseph Edlow said in a statement that aggressive spending cuts will “increase backlogs and wait times across the board, with no guarantee we can avoid future furloughs,” adding that congressional funding will be necessary to keep the agency afloat in 2021. Start the application with Boundless within the next 14 days, and you'll save $50. Citizenship and Immigration Services today announced that the agency will avert an administrative furlough of more than 13,000 employees, scheduled to begin Aug. 30 as a result of unprecedented spending cuts and a steady increase in daily incoming revenue and receipts. USCIS confirmed that its planned furlough of 70% of its workforce (13,400 employees) will be postponed at least until the end of August. These are but a few questions that will certainly be litigated in the near future. The USCIS told ET in an emailed response that without US Congressional intervention, it will “need to administratively furlough a portion of our employees on approximately July 20. If an employer furloughs a worker in a visa category that does not have a prevailing wage requirement, additional action may still be needed. The ostensible reason for the furlough was a budget shortfall, even though USCIS is a fee-based service that historically has covered costs. “T he planned USCIS furloughs are an unnecessary disaster for Vermont workers, their families, and the local economies that rely on these jobs. Citizenship and Immigration Services (USCIS) sent out notices to more than two-thirds of its employees that they may be furloughed, effective August 3, 2020. “There are already so many backlogs to work through.”. Faced with a coronavirus-driven budget crunch and potential furloughs next month, U.S. That said, it is conceivable that even 240 days might not be sufficient to get cases adjudicated. Adjudication standards at USCIS, since the Trump administration entered the White House, has very clearly become much more difficult. There are numerous statistics proving this out from dramatic increases in requests for evidence from the USCIS, to a large increase in denial rates, all occurring without any official regulatory changes in adjudication standards or eligibility requirements. Since the start of the Trump administration, data shows that the backlog of cases at USCIS has continuously grown, … Lastly, when considering a change of status application, for example, an F1 student who is completing OPT or STEM OPT could file for a change of status to another visa types, whether an O1 visa or other option, there is no portability allowed and these change of status applications would likely be very slow in processing. Here are three impacts to be considered and discussed with immigration counsel to prepare for and strategize should there be no Congressional bail-out and should the furlough extend beyond 30 days. Furloughs will likely impact processing times, resulting in an applications and petitions taking much longer to be adjudicated. Also, how does limiting the entry of dependent H4, L2, and J spouses and children help the availability of jobs to U.S. Citizens and others in the workforce who do not need immigration-related work authorization? This story originally appeared in El Paso Matters. It is hard to imagine that the USCIS will be able to stick anywhere near its current processing times for typical H1B or other status extensions, change of employer, or change of status applications. Because your friend referred you, your application with Boundless is discounted. It is true that a small group of H-4 holders can obtain work authorization but again the numbers we are looking at here are minuscule compared to the joblessness in the U.S. Disclaimer: This post is not legal advice and should not substitute for obtaining legal advice. All of the added focus and burden on USCIS to make immigration processing as painful and difficult as possible has led to an incredible amount of wasted time on every case filing. Citizenship and Immigration Services (USCIS) plans to furlough 13,400 of its nearly 20,000 employees unless Congress approves a $1.2 billion bailout by Aug. 3, a move that could cause further delays in green card and U.S. citizenship application processing. Thus, if the furlough goes into effect, it will interrupt nearly all permanent and temporary immigration processing. USCIS Ombudsman’s Office to Be Adversely Impacted by Potential USCIS Furloughs – … Use of the Boundless website and its services are subject to our Privacy Policy and Terms of Use. On top of impact 1 discussed above, it is very unlikely that the USCIS will be able to continue offering Premium Processing, which allows for expedited case processing within 15 days. USCIS furlough to further impact US immigration process Meanwhile, the USCIS said it was extending to 60 calendar days the time required for petitioners to respond to requests for evidence and other notices, once the request or notice has been received, if the issuance date is between March 1 and September 11, 2020. Luckily there is some relief where timely extension applications are filed as most non-immigrant visa types, including the H1B, L1, O1, TN, and others, are granted an automatic 240-day employment authorization extension as a result of a timely filing. Without Premium Processing, cases already take months. The furlough will also have an impact on the Ombudsman’s ability to work with USCIS on reviewing and recommending solutions to system problems in the administration of immigration benefits. COVID-19 is still a thing, causing lots of delays and cancellations, even though it seems that the number of cases has decreased in different places around the world. USCIS is planning to furlough its 13,000 employees due to lack of funding. The USCIS, on June 25, provided a statement regarding the financial turmoil it is experiencing. So what will be interesting to see, and possibly alarming, is how a greatly reduced workforce will approach adjudication of the cases they can actually get to. So what are the practical implications of the expected USCIS furlough of two-thirds of its entire workforce, over 13,000 employees? Furloughs at USCIS would not directly impact processes at NVC or the embassy/consulate. 2101 4th Ave, Suite 850 Seattle, WA 98121. IMPORTANT UPDATE —August 25, 2020: U.S. This of course causes tremendous anxiety for all parties and it takes away all predictability in the process that is offered to employers via Premium Processing. Boundless is not affiliated with or endorsed by United States Citizenship and Immigration Services (USCIS) or any other government agency. , so you can be alerted as soon as more official details come to light. This is great but note that under the Trump administration case processing has been far more unpredictable with a massive rise in additional requests by the USCIS and increased denial rates. “The agency has made several questionable policy decisions over the past three and a half years, including failing to implement a timely and moderate fee increase, as well as initiating a surge of red tape and staff hiring that likely led USCIS from surplus to insolvency,” wrote Doug Rand, co-founder of Boundless, and Lindsay Milliken in an analysis published in the NYU Journal of Legislation and Public Policy. HQ: 90 New Montgomery St. Suite 750, San Francisco 94105, US Immigration Solutions for Entrepreneurs, Professionals, and High-Growth Companies, Corporate Immigration, Individuals, News, L1 Visa, Webinars, H1B Visa, Corporate Immigration, Individuals, News, L1 Visa, H1B Visa. U.S. Boundless is not a law firm and is not a substitute for the advice of an attorney. Stay up to date by following Boundless on. This was never required and was handled only where deemed truly necessary. For extension applications, cases can be filed extending H1B or other status types 6 months before an upcoming expiration. While the agency doesn’t provide location-specific information, the furloughs figure to have an impact in Kansas City where more than 3,000 people work for USCIS directly or through a contractor. The number of applications and requests it can process each year will likely drop substantially. Looking at situations where companies wish to sponsor an employee and onboard them from another employer, it is important to note that the H1B visa provides some relief by allowing for portability. USCIS regulations require employers to pay H-1B workers in periods of mandatory company-wide furloughs. They have different policies, budgets + funding sources, staff, etc. We continue to work with Congress to provide the necessary funding to avert this unfortunate consequence.” Applicants typically only require one service at a time. This could place companies and employees in a difficult position if cases are not filed as soon as possible. The Migration Policy Institute recently issued a report on how the anticipated USCIS furlough of more the 70% of its workers, scheduled to commence August 30, 2020, will impact current immigration processing. USCIS Deputy Director for Policy Joseph Edlow said in a statement that aggressive spending cuts will “increase backlogs and wait times across the board, with no guarantee we can avoid future furloughs,” adding that congressional funding will be necessary to keep the agency afloat in 2021. It is also important to note that only the H1B allows for this portability. Stay up to date by following Boundless on Twitter or Facebook, so you can be alerted as soon as more official details come to light. The agency threatened to furlough over 13,000 of its staff in the process—a step that would bring the U.S. immigration system to a near standstill. USCIS Furlough Impact #1: H1B Processing as well as Other Change of Status, Change of Employer, and Extension of Status Applications Will Slow. Looks like you were working on a application just now. The furlough was expected to cause USCIS to all but stop processing immigration benefits, creating a crisis for the U.S. immigration system. Experts who analyzed the reduced cost found they could cause a similar impact as the furlough — it would slow the agency down. A decision is expected around the end of July, possibly as part of the next coronavirus relief package. USCIS declined to make Edlow available for an interview, but in a statement sent to reporters, he said a future furlough remains a possibility. Citizenship and Immigration Services (USCIS) plans to furlough 13,400 of its nearly 20,000 employees unless Congress approves a $1.2 billion bailout by Aug. 3, a move that could cause further delays in green card and U.S. citizenship application processing. Senators are asking DHS and USCIS to take immediate action to save USCIS employees from such furloughs. Whether the Trump administration is actually delighting in the idea of USCIS being gutted or whether they truly wish to do whatever is in their power to keep the lights on this furlough, even if just for the initial 30 days as suggested, this will have an impact on U.S. business and international visa holder employees. In a time where the business community is already struggling to find solid ground under COVID-19, Trump’s Immigration Executive Orders, and the current economic climate, this is just another burden to carry with real-world implications. The USCIS provides in part that: The majority of USCIS operations rely on fees paid by applicants and petitioners, not appropriated or taxpayer funds. In one of the Trump administration’s latest moves, arguably outside of its executive powers, it released a June 22, 2020, Immigration Executive Order impacting the entry of H, L, and J visa holders. 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