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Visa Processing Delays Likely As USCIS Faces Major Furloughs, Unless Congress Provides $1.2 Billion in Emergency Funding

By Elizabeth (Liz) Espín Stern, Paul W. Virtue & Timothy C. D'Arduini on July 9, 2020
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Some 70% of the 20,000 employees of US Citizenship & Immigration Services, the agency within Homeland Security that adjudicates visa-related benefits for all foreign workers, could face furloughs starting as early as August 3, 2020, unless Congress provides $1.2 billion in emergency funding. This budget shortfall was caused by a dramatic decrease in the number of petitions filed with the agency due to the pandemic.  USCIS depends on filing fee revenues to fund its operations.

During the last week of June, USCIS provided notice to AFGE, the union representing the agency’s employees, of the critical impact of the revenue gap the self-funded agency.  While the House Appropriations Committee has expressed its support for including some level of funding in the next phase of coronavirus response legislation, the Senate so far has declined to begin those negotiations. If a substantial portion of the $1.2 billion requested is not appropriated before the end of the month of July, some 13,400 fee-based employees will be furloughed, which will significantly impact adjudications, with the possible exception of emergency cases, such as those where children may “age-out” of a particular immigration benefit as a minor child.

Substantial delays in the processing of visa petitions and applications for naturalization will – inevitably – result. This will include delays in the processing of requests for extension of stay and change of status. Notably, we understand that the agency likely will continue to permit the premium processing of nonimmigrant petitions, including H-1Bs and L-1s, for example, as the additional $1,440 fee that the agency receives for those expedited cases is a large source of revenue for the agency.

If major regulatory changes occur, the dramatically reduced agency staff would face further challenges as training and oversight requirements would rise.  As reported in our June 23 blog post, the Trump administration’s recent proclamation freezing issuance of new H-1B, L-1, H-2B, J-1, and accompanying dependent visas also includes mandates for new rules in these and other categories, a rulemaking that is anticipated to occur shortly through immediately-effective Interim Final Rules.

 

Photo of Elizabeth (Liz) Espín Stern Elizabeth (Liz) Espín Stern

Elizabeth Espín Stern, a partner in Mayer Brown’s Washington DC office, leads the firm’s Global Mobility & Migration practice, which forms part of the Employment & Benefits group. She is a seasoned veteran, advising on US and global immigration, HR and mobility services.

Elizabeth Espín Stern, a partner in Mayer Brown’s Washington DC office, leads the firm’s Global Mobility & Migration practice, which forms part of the Employment & Benefits group. She is a seasoned veteran, advising on US and global immigration, HR and mobility services. She is consistently ranked as a leading business immigration lawyer by Chambers Global, Chambers USA, Who’s Who Legal, The International Who’s Who of Business Lawyers, and national and local publications. In addition, she has been named in Best Lawyers in America, Super Lawyers and “Women in Law Awards 2014” by Lawyer Monthly and named one of National Law Journal’s “Outstanding Women Lawyers 2015.” She spearheads Mayer Brown’s new global worksite management initiative. This “Global People Solution” offers multinational clients, in a variety of sectors including financial services, IT, defense, telecommunications and multimedia, a comprehensive compliance and risk management program in connection with their mobile workforce. Liz regularly speaks and writes about immigration policies and contributes to major news agencies and publications, including Law 360, Quartz.com, Global Business News and a host of global HR publications.

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  • Posted in:
    Immigration
  • Blog:
    The Mobile Workforce
  • Organization:
    Mayer Brown
  • Article: View Original Source

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