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. 2101 4th Ave, Suite 850 Seattle, WA 98121. 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. Furloughs will likely impact processing times, resulting in an applications and petitions taking much longer to be adjudicated. So what are the practical implications of the expected USCIS furlough of two-thirds of its entire workforce, over 13,000 employees? 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. U.S. Boundless is constantly monitoring changes to the U.S. immigration system to help keep you informed. IMPORTANT UPDATE —August 25, 2020: U.S. Vermont Business Magazine USCIS is currently scheduled to furlough 13,355 (or 67%) of its 19,881 employees on August 30, 2020, including over 1,000 in Vermont. Unless otherwise prohibited by state law or the employer’s specific policy, employers may require furloughed H-1B workers to use their accrued paid time off. USCIS is under increasing pressure from Republicans and Democrats to delay the furlough. Looks like you were working on a application just now. 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. Stay up to date by following Boundless on. 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. Faced with a coronavirus-driven budget crunch and potential furloughs next month, U.S. 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. USCIS to Furlough Staff Posted by Frank Gogol. A decision is expected around the end of July, possibly as part of the next coronavirus relief package. Start the application with Boundless within the next 14 days, and you'll save $50. USCIS Ombudsman’s Office to Be Adversely Impacted by Potential USCIS Furloughs – … “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. But it’s likely they will slow down the processing of applications and “will for sure cause noticeable delays immediately,” a USCIS employee told Reuters. It is also important to note that only the H1B allows for this portability. Disclaimer: This post is not legal advice and should not substitute for obtaining legal advice. The USCIS was formed in 2003, alongside Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Sign up with your email address to receive news and updates. To better understand the impact of a USCIS staff furlough, I interviewed Doug Rand, who worked on immigration policy in the Obama White House as assistant director for entrepreneurship and is the co-founder of Boundless Immigration, a technology company that helps immigrants obtain green cards and citizenship. 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. The implications are primarily total unpredictability in terms of when U.S. companies can obtain immigration approvals for prospective hires or for existing international employees in H1B, L1, and other immigration statuses. Boundless is not a law firm and is not a substitute for the advice of an attorney. 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. 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. Last week, the U.S. The furlough notices, which USCIS sent out earlier this month, said the unpaid time off would last for at least 30 days. In short, it is a lack of financial planning and austerity. Sen. John Cornyn of Texas signed a bipartisan letter to USCIS on Friday saying the agency has enough money to continue current operations through the end of … 01, 2020 PUBLISHED 5:21 PM EDT Jul. Congrats! Blank immigration forms with written instructions, including for spousal visas, are available for free at the USCIS website. This could place companies and employees in a difficult position if cases are not filed as soon as possible. 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. Drastic cuts will impact agency operations for foreseeable future WASHINGTON —U.S. 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. Applicants typically only require one service at a time. What other visa categories may be affected by a furlough? “T he planned USCIS furloughs are an unnecessary disaster for Vermont workers, their families, and the local economies that rely on these jobs. 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. (See Impending USCIS Furloughs Will Contribute to Historic Drop in US Immigration Levels). 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. Possible Mass-Furloughs at USCIS Could Severely Impact Services. They have different policies, budgets + funding sources, staff, etc. Thus, if the furlough goes into effect, it will interrupt nearly all permanent and temporary immigration processing. Boundless is not affiliated with or endorsed by United States Citizenship and Immigration Services (USCIS) or any other government agency. 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. 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. 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. The ostensible reason for the furlough was a budget shortfall, even though USCIS is a fee-based service that historically has covered costs. Feel free to reach out to speak with experienced corporate immigration counsel to understand how you can prepare for what might come to bear. Senators are asking DHS and USCIS to take immediate action to save USCIS employees from such furloughs. It is also worth noting that Premium Processing costs additional money in terms of filing fees, something which the USCIS could certainly have used in the several months each year that they have stopped accepting Premium Processing applications. 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. NVC and the embassies + consulates are part of DOS. 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. 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. The USCIS’ announcement explains that the furlough cancelation is “a result of unprecedented spending cuts and a steady increase in daily incoming revenue and receipts.” The COVID-19 pandemic took its toll on the USCIS, as a decrease in travel as well as President Trump’s immigration proclamation drastically decreased its services. If USCIS is furloughing 13,000 employees, it is hard to see how these cases will be processed and approved within a reasonable amount of time. “There are already so many backlogs to work through.”. For example, employers must notify the universities of F-1 workers who have STEM OPT work authorization if their training plans change significantly. 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. 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