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The New York Times, in its March 19 editorial titled "Citizenship, Thwarted," attacked USCIS chief Emilio Gonzalez, who promptly fired back. In the interest of clarity and fairness, we are publishing both sides on this page:
Here's the NYT editorial:
The director of the federal Citizenship and Immigration Services agency, Emilio Gonzalez, is stepping down next month, leaving behind a gummed-up bureaucracy and perhaps a million empty promises. That's about how many people are stuck waiting to have their citizenship petitions approved by the agency, which was swamped last summer by a flood of applications that it failed to predict or prepare for.
The disaster erupted when the agency jacked up the price of its services by an average of 66 percent, a nasty bite for the immigrant families whose fees provide nearly all the money that keeps the rickety system going. Mr. Gonzalez justified the increases by promising that they would lead to better service and shorter waits.
The agency expected that the new fees would spur only a negligible increase in citizenship applications. But applications spiked 350 percent last June and July over the same period in 2006. More than three million applications of all types flooded in last summer. The five-month wait for citizenship that Mr. Gonzalez promised is now 14 months to 16 months. Many immigrants who had dearly hoped to vote in 2008 will have to sit the election out.
Those who know the citizenship system say it's dumbfounding that Mr. Gonzalez did not foresee the surge, not only because the fees went way up, but also because 2008 is a presidential election year — always a time when would-be citizens hurry to get their papers in.
The agency has laid some of the blame on the F.B.I., which has still not run thousands of applicants through a redundant background check. But that backlog is only a fraction of the problem. The rest is “frontlog” — a mountain of paperwork with nobody to process it.
Maybe it's a stretch to call this intentional disenfranchisement after hundreds of thousands of Latinos demonstrated in the spring of 2006, chanting: “Today we march. Tomorrow we vote.” Still, the absence of so many would-be Latino voters could benefit the Republicans, who have worked so hard to stoke a rancid anti-immigrant mood in this country.
The processing delays mock America 's respect for those who “play by the rules” and “get in line.” For millions who want to work but have no one to sponsor them and no specialized skills, there is no line to get into: no realistic hope of a visa and no functioning guest-worker program. As for the others who have gone the route of patience and paperwork, they are the ones whose expectations Mr. Gonzalez raised and crushed.
President Bush must make sure that the agency does not waste the next several months rudderless and drifting. The speedy processing of applications must remain an urgent priority. States should make sure that their voter-registration systems are ready for a rush of new applicants so that as many new citizens as possible can cast ballots in November. Congress should change the law that requires the citizenship agency to rely on fees, an unfair system that forces immigrants to pay ever more dearly for bad service.
Mr. Gonzalez will soon have time to reflect on a dismal monument to his tenure: the dreams of thousands of rule-following, line-waiting, would-be Americans, signed, sealed in envelopes with large checks and money orders, delivered by truckloads, waiting in shrink-wrapped pallets, unopened.
And here's the Gonzales piece, aptly titled “Fit to Print?”:
The Times got it wrong again. I feel compelled to set the record straight for 17,000 employees who work late nights and weekends to welcome lawful immigrants into our society. I will not stand idly by as the New York Times insults the dedicated and professional services they provide.
If the Times seeks to add legitimacy to its editorial, they should first get the facts straight. USCIS received more than 600,000 applications for citizenship in June and July of 2007 - a 350 percent increase from the same time the year before. While this surge was substantial, it isn't close to the “perhaps a million empty promises” the Times suggests.
Further, all applications received during that time have been opened, issued receipts, and entered into our processing queue. The idea that there are “envelopes with large checks and money orders, delivered by truckloads, waiting in shrink-wrapped pallets, unopened” at any USCIS facility, is an outright fabrication, hastily conceived by an imaginative writer.
What the writer failed to mention, and what I personally conveyed to the Times, is that more than half of all the citizenship applications received in June and July will be completed by September 30. Further, many of the applicants who filed for citizenship after July 2007 have already been naturalized. The writer also omitted that not withstanding our challenges, in 2008 we will process some 20-25 percent more citizenship applications than in 2007, while maintaining the integrity of the immigration system and the security of the process.
The fact is, last year we anticipated an application surge, and dedicated USCIS employees at our Service Centers worked hard and long hours to process the increased number of applications received before fees were raised in July. As a result of their dedication, nearly 750,000 applications were processed in a record amount of time. Instead of commending this effort, the New York Times degraded it, suggesting “intentional disenfranchisement” of Latino voters. That is both absurd and an insult to our workforce.
This agency does not lose focus by such editorial bias. Our workforce will continue to do everything possible to assist immigrants on the path to legal residency or citizenship, facilitate the smooth transit of others who wish to work here temporarily, and safeguard the security of the United States through the integrity of our immigration system. Modernization efforts to build a fully-electronic immigration platform continue to move forward. More than 34 USCIS facilities will be renovated or replaced nationwide, and more than 3,000 new employees will join our ranks by the end of this year. Our professional training programs are varied and robust.
My posting today demonstrates to the more than 700,000 newly naturalized citizens that this country embraces free and open debate. It is a shame, however that a newspaper like the New York Times – which boasts with each paper that it contains all the news that's fit to print – only values its version of a story and leaves no room for that debate or for the facts.
Emilio T. Gonzalez
Director, U.S. Citizenship and Immigration Services
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USCIS announces interim rule on H1-B visas
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) transmitted an interim final rule to the Federal Register today that prohibits employers from filing multiple H-1B petitions for the same employee. These changes will ensure that companies filing H-1B petitions subject to congressionally mandated numerical limits have an equal chance to employ an H-1B worker. To ensure a fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicative petitions.
This rule does not preclude related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same alien for different positions, based on a legitimate business need. The interim final rule becomes effective upon publication in the Federal Register.
Last August, President Bush announced that the Administration would be undertaking a series of immigration and border security reforms. The changes to the H-1B filing process under this rule are an important part of that initiative.
On April 1, 2008 , employers may file petitions requesting H-1B workers for fiscal year 2009 employment starting on October 1, 2008. For fiscal year 2009, Congress has set a limit of 65,000 for most H-1B workers. Additionally, the first 20,000 H-1B workers who have a U.S. master's degree or higher are exempt from the cap. Under current procedures, which are not changed by this rule, once USCIS receives 20,000 petitions for aliens with a U.S. master's degree or higher, all other cases requesting the educational exemption are counted toward the 65,000 cap. Once the 65,000 cap is reached for a fiscal year, USCIS will announce that the cap has been filled and reject further petitions subject to the cap.
This rule also stipulates that if USCIS determines the number of H-1B petitions received meets the cap within the first five business days of accepting applications for the coming fiscal year, USCIS will apply a random selection process among all H-1B petitions received during this time period. If the 20,000 advanced degree limit is reached during the first five business days, USCIS will randomly select from those petitions ahead of conducting the random selection for the 65,000 limit. Petitions subject to the 20,000 limit that are not selected in that random selection will be considered with the other H-1B petitions in the random selection for the 65,000 limit.
The rule further clarifies that USCIS will deny petitions that incorrectly claim an exemption from any H-1B numerical limits. Those filing fees will not be returned.
USCIS Issues Update on Green Card Replacement Proposal
On Aug. 22, 2007, USCIS published a proposed regulation in the Federal Register that, when implemented, would require lawful permanent residents to replace permanent resident cards (Form I-551) with no expiration date. USCIS accepted public comments on this proposal for 30 days until Sept. 21, 2007. USCIS is currently reviewing the 298 comments received during the public comment period.
This proposed rule in no way affects the current validity of these permanent resident cards. Permanent residents who possess these cards may continue to use them as proof of permanent residency when traveling, when seeking employment, and at any time such proof is required.
After USCIS has reviewed and considered the comments generated by the proposed rule the agency will publish a final rule. USCIS cannot provide a time frame for when the review will be concluded or when the final rule will be published.
The final rule, once published, will explain the process to replace these green cards. The final rule will also set the time period during which USCIS will accept applications to replace these cards. To date, no time frame has been set.
When the period for submitting applications has ended, USCIS will determine how long it will take to adjudicate the applications received. USCIS will then publish a notice in the Federal Register establishing the date after which permanent resident cards with no expiration date are no longer valid. This will ensure that affected customers who have submitted their applications will receive their new cards before the validity of their old cards expires.
Customers who hold these permanent resident cards with no expiration date may replace their cards now, but there is currently no requirement to do so.
USCIS believes that the replacement of these cards is vital to the security of the immigration process. New cards will provide the agency with an opportunity to update the photograph and biometrics on the card. It will also provide the cardholder with a card containing greater security features and remove from circulation different versions of the same card.
Processing Times and Case Status
Applications are processed in the order they are received by application type. Processing times are an estimate of how long it will take to complete your case. Each case is different; so some cases may take longer than others. You can use your receipt to check your case status on Case Status Online. Please be advised that we will only research your case if it is beyond our posted processing times (You can also find a link to processing times in the Related Links section of the Web site).
The processing times are for applications that have been just completed. If you have just filed your application, these timeframes may not reflect how long your application will take to be completed. We encourage you to check processing times before inquiring about your case. The processing times are updated monthly.
USCIS has received a significant increase in the number of applications filed. In July and August, nearly 2.5 million applications and petitions of all types were received. This compares to 1.2 million applications and petitions received in the same time period last year. This fiscal year, we received 1.4 million applications for naturalization; nearly double the volume we received the year before. The agency is working to improve processes and focus increased resources, including hiring approximately 1,500 new employees, to address this workload.
As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 to 18 months to process.
Biometric Changes For Re-entry Permits and Refugee Travel Documents
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes, which will become effective March 5, 2008, that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Centers (ASC) for background and security checks and requirements for secure travel and entry documents containing biometric identifiers. As indicated in the instructions, when the biometrics requirement becomes effective, USCIS will notify applicants of their appointment at the designated ASC after submission of the I-131 application.
The new instructions for Form I-131 require that applicants for re-entry permits and refugee travel documents who are ages 14 through 79 provide biometrics before departing from the United States. Applicants also are strongly encouraged to apply, whenever possible, well in advance of their anticipated travel dates to allow time to attend their ASC appointments and to receive their travel documents.
Shortly after filing an I-131 form for a Refugee Travel Document or a Re-entry Permit, USCIS will mail the applicant his or her receipt and an ASC scheduling notice. The I-131 instructions also provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States.
The instructions also discuss the requirement for applicants for re-entry permits and refugee travel documents who are in the United States to pay the $80 biometrics services fee, or to submit a biometrics fee waiver request with sufficient documentation to support their inability to pay the fee. As in the past, the application fee for the I-131 form cannot be waived.
In addition, if applicants require expedited processing, the instructions provide specific information for submitting pre-paid express mailers with the I-131 for USCIS to send the applicant his or her receipt and ASC appointment notice, as well as the completed Re-entry Permit or Refugee Travel Document, if approved. A request for expedited processing should contain the applicant's reasons for such processing.
Changes to the Form I-131 instructions concerning biometrics are vital to the security of the immigration process, as well as to help ensure that USCIS complies with congressional mandates for issuance of secure documents. The added biometric requirements will provide the agency with an opportunity to conduct more in-depth security background checks for applicants for immigration benefits or re-entry permits and refugee travel documents for entering the United States. These requirements also improve USCIS' capability to verify identity and for applicants to obtain secure documents that are less subject to fraud and abuse.
USCIS announces centralized filing location for certain H-1B cap exempt petitioners
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today a new customer service initiative to streamline the adjudication of H-1B petitions. Effective today, USCIS will employ a special unit dedicated to processing these types of H-1B cap exempt petitions at the USCIS California Service Center (CSC). Aliens employed by certain types of educational, nonprofit or governmental organizations, as defined below (normally referred to as “cap exempt,” aliens employed by such entities are not subject to the H-1B numerical limitations). See section 214(g)(5)(a) and (b) of the Immigration and Nationality Act (INA); and 8 CFR 214.2 (h)(8)(A).
H-1B “cap exempt” petitions, as referenced here, include petitions filed by:
- Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
- Nonprofit organizations or entities related to or affiliated with institutions of higher education; and
- Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C).
Such institutions and organizations can indicate that their H-1B filing is cap exempt by marking Form I-129 (Petition of Non-Immigrant Worker) with a “yes” answer to questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (page 10).
H-1B petitioners are now encouraged to use the following special mailing address for qualifying H-1B cap exempt petitions. To determine if your petition qualifies, please make sure your institution or organization fits one of the categories listed above.
For Direct Mail:
- U. S. Citizenship and Immigration Services
- California Service Center
- ATTN: CAP EXEMPT H-1B Processing Unit
- P.O. BOX 30040
- Laguna Niguel , CA 92607-3004
For non-United States Postal Service (USPS) deliveries (e.g. private couriers):
- U. S. Citizenship and Immigration Services
- California Service Center
- ATTN: CAP EXEMPT H-1B Processing Unit
- 24000 Avila Road , Room 2312
- Laguna Niguel , CA 92677
Each H-1B petitioner is encouraged to mark the outside of the envelope and the top margin of the I-129 form, with “EXEMPT.” This will ensure quick identification of the H-1B filing throughout the petition's processing at CSC.
If a cap exempt H-1B petition is received at a different Service Center , that Service Center will expeditiously forward the petition to the CSC for processing. In the near future, USCIS will post special filing instructions to Form I-129 requiring all 1 qualifying H-1B cap exempt petitions to be filed at the CSC.
Please note, the highest volume of H-1B filings occurs during the month of April (Six months before the new fiscal year). This may result in longer than average receipting times or other interruptions in processing times. The public is reminded that petitioners may file a qualifying H-1B cap exempt petition at any time of the year dependent on the petitioner's need, and no earlier than six months ahead of the intended start date.
(H-1B “cap exempt” petitions, as referenced here, do not cover H-1B petitions filed on behalf of beneficiaries requesting an exemption from the cap on account of holding a U.S. Master's degree or higher, requesting an extension of stay, or change of employer, or petitions requesting an amendment. These types of petitions, while also “exempt” should continue to be filed in accordance with the filing charts on uscis.gov and the Form I-129 instructions.)
USCIS holds White House naturalization ceremony
DHS Acting Deputy Secretary Schneider, USCIS Director Gonzalez Welcome New Citizens
WASHINGTON — USCIS Director Emilio Gonzalez welcomed America’s 25 newest citizens during a special naturalization ceremony at the Eisenhower Executive Office Building today. Director Gonzalez also presented four prominent, naturalized U.S. citizens with the “American by Choice” (ABC) certificate of recognition. Department of Homeland Security Acting Deputy Secretary Paul Schneider and other senior officials were present to congratulate both the new citizens and the ABC recipients.
The American by Choice recipients were acknowledged for their outstanding contributions in civic participation, professional achievement, and responsible citizenship. Each recipient of this honor has also demonstrated their commitment to this nation and to the common civic values that unite all Americans.
Those honored with the recognition include: U.S. Congressman Albio Sires; U.S. Army Major General (retired) John L. Fugh; Anh Duong, science advisor to the Deputy Chief of Naval Operations; and Duncan Wardle, vice president of Walt Disney World Parks and Resorts. The recipients are originally from Cuba, China, Vietnam, and the United Kingdom, respectively.
The 25 Americans naturalized today are originally from: Afghanistan, Bulgaria, China, El Salvador, Ethiopia, France, Germany, Iraq, Korea, Mexico, Morocco, Nicaragua, Pakistan, Peru, Philippines, Republic, United Kingdom, and Venezuela.
During Fiscal Year 2007, USCIS welcomed more than 650,000 new citizens during naturalization ceremonies throughout the United States and around the world for U.S. military personnel.
USCIS REACHES H-2B CAP FOR SECOND HALF OF FISCAL YEAR 2008
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2008 (FY2008). USCIS is hereby notifying the public that January 2, 2008 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2008.
The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2008.
The cap was reached with existing totals for that day. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2008 that arrive after January 2, 2008.
USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on January 2, 2008. USCIS will use this process to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:
- Extend the stay of a current H-2B worker in the United States;
- Change the terms of employment for current H-2B workers and extend their stay; or
- Allow current H-2B workers to change or add employers and extend their stay.
CLICK LINK BELOW FOR VISA BULLETIN FROM THE U.S. DEPARTMENT OF STATE.
Visa Bulletin for May 2008
http://travel.state.gov/visa/frvi/bulletin/bulletin_4205.html
READ MORE LATE-BREAKING NEWS FROM THE USCIS, CLICK HERE
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