Biden Administration Announces Measures to Clear Immigration Backlog

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USCIS is currently facing an immigration applications backlog of over 9.5 million. The growing backlog has prevented US Government’s ability to process them all on time. The number of applications has also increased at an exponential rate in recent years owing to Covid-19 Pandemic. Recent events in Afghanistan and Ukraine have also contributed to the numbers.

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According to data published by the Agency, USCIS reviewed more than 9.5 million applications in February 2022, which was a 66% increase from the end of the fiscal year 2019, according to agency data.

As commented by USCIS Director, Ur Jaddou, ‘USCIS remains committed to delivering timely and fair decisions to all we serve. Every application we adjudicate represents the hopes and dreams of immigrants and their families, as well as their critical immediate needs such as financial stability and humanitarian protection.’

New Measures Implemented by Biden Administration

On Tuesday, March 29, Biden Administration announced several measures to combat the increasing backlog of applications as well as improve the processing period.

Premium Processing

The administration proposed to expand premium processing which is a special service where applicants are required to pay a fee of $2500 so that their case will be processed more quickly. At the moment, this facility is only available for a few select applications like H-1B petitions and employment-based green card requests.

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This rule will be operational after sixty days and is going to cover other cases like I-140 green card petitions, Form I-765 EAD, and some Form I-539 applications. Applicants can pay a fee of $2500 to get their case reviewed within a period of 45 days.

In the future, premium processing is going to cover green card applications for executive officials in global companies, highly skilled managers, and professionals with advanced degrees who wish to immigrate to the US without a job offer (which is the standard requirement).

Reducing Caseload

USCIS is also introducing new courses of action to reduce the backlog of applications. This includes improving cycle time followed by reducing the processing period. The administration is also trying to remove as many unnecessary steps as possible from the review process and streamline the same.

The agency aims to review applications for U.S. citizenship, DACA renewals, and green card requests for immigrants sponsored by U.S. family members or employers within a period of six months.

It also plans to resolve cases like work permits, temporary status extensions, and travel documents within three months. To achieve the goals, USCIS is focusing on increasing its capacity by hiring more human resources and improving processing technology.

Increase of fees

During the early months of the pandemic in 2020, visa processing was completely shut down. Because of this, the agency is facing a shortage of finance in the form of application fees. This is also one of the major reasons that resulted in amplifying the backlog.

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The agency reported that unless fees are increased, the cost of immigration services and operations will exceed the currently available finances. USCIS is therefore planning to raise the fee for most of its operations across the board. A higher amount of fee will help in quickly recovering the operating costs. The Biden Administration has also revealed that proposals are in work to refine the existing H1-B visa program for professional workers.

US Congress recently proposed a new bill to renew around 3.8 unused employment and family visas. This will hugely benefit Indian and Chinese immigrants in the employment category who have been waiting for a substantial time for permanent residency status or a Green card.

The Jumpstart our Legal Immigration System Act Bill was initiated by Zoe Lofgren, Democratic Chair, House Immigration and Citizenship Subcommittee. After this legislation is signed into law, it will enable immigrants currently staying in the US to apply for permanent resident status/Green Card in exchange for a fee.

Immigrants staying in the US as well as Eligible applicants from outside the country can also apply for Green Card after this legislation is signed. The Bill also incorporates reservations for 4,400 EB-3 Visas for workers in shortage occupations such as nurses and physical therapists.

The legislation also highlights the fact that for the first nine years no country will be allowed to have more than 25 per cent of reserved Visas and 85 per cent of unreserved Visas. Lofgren has commented that this bill will allow immigrants to actively take part and contribute to their communities. US Economy will also benefit as American companies can now hire and retain more foreign workers, especially from India and China

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