August 1, 2021 Newsletter Powered By ABIL

Published date10 August 2021
Subject MatterImmigration, General Immigration, Work Visas
Law FirmFakhoury Global Immigration
Author-1 Fakhoury Global Immigration

No Surprise: Ombudsman's Annual Report Says USCIS Faces 'Unprecedented Challenges' Due to Pandemic, Backlogs, Financial Issues

The Citizenship and Immigration Services (CIS) Ombudsman's Annual Report for 2021 states that U.S. Citizenship and Immigration Services (USCIS) "faces unprecedented challenges this year on virtually every front-from financial pressures to substantial backlogs across applications and petitions of all types." The Covid-19 pandemic "created unique challenges for USCIS," the report notes, including temporary office closures and a lack of the ability for "end-to-end electronic processing." Once USCIS returned to operations at a reduced capacity, the agency had substantial backlogs of in-person appointments that needed rescheduling. The pandemic also exacerbated the agency's preexisting financial issues and "decimated carryover funding needed to maintain its operations." The problems began in 2020 and persisted into 2021: "The lingering effects of temporary office closures, insufficient revenue, and budget cuts continue to impact processing time and customer service functions."

The report also identified other key areas of focus, including persistent problems with the issuance of Notices to Appear; challenges in the medical disability test waiver process; continuing complications in USCIS's digital strategy; and issues in international student programs, among others.

The report identifies several key objectives, including expanded electronic filing and processing capabilities, increased outreach with stakeholders, and improved coordination between USCIS and other government agencies.

Details:

· Annual Report 2021, Citizenship and Immigration Services Ombudsman, June 30, 2021, Dept. of Homeland Security, https://www.dhs.gov/sites/default/files/publications/dhs_2021_ombudsman_report_med_verified.pdf

OFLC Releases FAQ on Implementation of Revised ETA-9141

On July 16, 2021, the Department of Labor's Office of Foreign Labor Certification (OFLC) released Round 3 of frequently asked questions (FAQs) from the National Prevailing Wage Center (NPWC) to respond to inquiries from a webinar on implementing the revised Form ETA-9141, Application for Prevailing Wage Determination. The revised form provides a separate section to be completed by employers who accept alternative job requirements in addition to the minimum job requirements.

OFLC said the new alternative job requirements section (1) improves NPWC's ability to ensure that prevailing wages...

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