mpadapa
09-26 09:25 AM
This is CNN at its best.. Twist the facts to drum up their own agenda
IV needs to contact the editor and educate him on immigration issues..
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
IV needs to contact the editor and educate him on immigration issues..
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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conchshell
07-28 11:00 AM
Instead of discussing this matter on IV forum ... please report it to Vishwa Hindu Parishad ( www.vhp.org ) They are actively searching for such issues.
ArunAntonio
04-23 05:54 PM
[/QUOTE] Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.[/QUOTE]
Logic Life -- YOU ROCK MAN !!
Logic Life -- YOU ROCK MAN !!
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Jaime
09-10 02:15 PM
If only moves were so easy wouldn't all H1's be in Florida?
We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.
Great point! We need to be able to convey to Washington our plight with accuracy! In order to do that we have to unite and deliver our message together!
We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.
Great point! We need to be able to convey to Washington our plight with accuracy! In order to do that we have to unite and deliver our message together!
more...
vagish
04-04 03:03 PM
This bill would affect all of us if they apply these same rules when we try to exend or transfer out existing H1s. Does it(the bill) say anything about that?
sometimes they say don't wish, your wish might come true, we are fighting for retrogression thinking that it is the worst possible thing of our lifetime,
guess what if they pass a bill to reduce retrogression along with other provisions,
like the one's mentioned by Durbin's bill and then many would become ineligible for GC at the first place.
Once thing is sure, if the GC or H1B numbers are increased, it will come with some good enforcement measures and some other provisions which would tighten this whole process.
there won't be any free riders any more , many in america are becomming aware of this day by day.
thanks
sometimes they say don't wish, your wish might come true, we are fighting for retrogression thinking that it is the worst possible thing of our lifetime,
guess what if they pass a bill to reduce retrogression along with other provisions,
like the one's mentioned by Durbin's bill and then many would become ineligible for GC at the first place.
Once thing is sure, if the GC or H1B numbers are increased, it will come with some good enforcement measures and some other provisions which would tighten this whole process.
there won't be any free riders any more , many in america are becomming aware of this day by day.
thanks
Rakson
03-17 04:40 PM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
>>>Check your Perm Labor Section F column 2
My Question is>>
My case was filed using labor substitution. How can I find this info?
Thanks!
Rakson.
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
>>>Check your Perm Labor Section F column 2
My Question is>>
My case was filed using labor substitution. How can I find this info?
Thanks!
Rakson.
more...
downthedrain
02-03 10:31 AM
Thanks desi3933, couple more questions...
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 paystubs from this year?
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 paystubs from this year?
2010 Skill level: Intermediate
thomachan72
07-05 03:14 PM
First of all Nixstor everybody here really appreciates your contributions and support for the community. However, we have to remember that when there is a need people will act. You did no harm by making this very important point. Ofcourse the site might not be converted to a paid one, but your post really brought out certain very important points to light and we really appreciate that. You are right there are many who benefit without contributing. But we have to remember that any efforts similar to this (IV) will cosist of a huge population. Out of that there will always be a percentage who will never contribute and some selfless people like yourself who always take the extra step to help others and in turn recieve help. If this site becomes paid many might simply cut of their visits. And I wont argue with you if you say that aint true. Personally I feel we might loose a lot of the memberships if that happens. Regarding the present fight against the uscis, I dont even think we are in need of that big a sum because the AILF is taking up the case free of cost (correct me if I am wrong). You may / may not contribute. They are already decided and they will fight. Now the drive for the future CIR if any, will go on slowly and can be increased as need arises. More than money what we need now is people sending out information to the media / politicians. Money comes last now, as far as I know.
more...
svr_76
06-10 01:15 PM
Our best bet is to partner with groups/org (hi-tech lobby) that have as members big firms that are impacted by this. This would give us a more directed approach on opposing.
I am trying to identify the group of immigrants impacted by this rule-making and was trying to highlight that the rule restricts DHS from approving visa petitions from Employers.
As such EADs are not filed by employers and moreover are not Visa application.
I am trying to identify the group of immigrants impacted by this rule-making and was trying to highlight that the rule restricts DHS from approving visa petitions from Employers.
As such EADs are not filed by employers and moreover are not Visa application.
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singhsa3
03-03 12:40 PM
MSG TO THE NEWS MEDIA
Please note that this site is visited by approximately 400-500 regular visitors daily. Though the sample size is here small but the idea is compelling and the potential is very real
Some of the statistics can be found at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
Green card process overview:
Stage 1: Labor Certification (or the PERM process) => Government scrutinize that qualified citizens are not available to perfom the "highly skilled" job.
Stage 2: I-140 stage=> Government scrutnize that the person for which immigrant visa is sought is elligible and the company has ability to pay his salary
Stage 3 : I-485 or Adjustment of status : Now the immigrant waits for the visa number to be available and adjust his status to that of a permanent resident.
Most of us are in stage 3.
We are stuck in stage 3 waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
Getting a mortgage is a lot easier if our immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage/Finance companies dont accept that.
Futher reading on our proposal to the government: http://immigrationvoice.org/forum/showthread.php?t=16506
.
MSG TO THE POLL PARTICIPANTS
Objective of this poll:
a) To assess if the idea has any strength
b) Invite media attention to the issue
c) Develop a task force to float this idea around.
Folks, even if 10% of us ended up buying a house, that is 100,000 more buyers in the market.
Some of us had their mortgage application rejected on the grounds that EAD is valid for only one year, even though their credit history, down payment, income stability are upto the mark.
Please note that this site is visited by approximately 400-500 regular visitors daily. Though the sample size is here small but the idea is compelling and the potential is very real
Some of the statistics can be found at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
Green card process overview:
Stage 1: Labor Certification (or the PERM process) => Government scrutinize that qualified citizens are not available to perfom the "highly skilled" job.
Stage 2: I-140 stage=> Government scrutnize that the person for which immigrant visa is sought is elligible and the company has ability to pay his salary
Stage 3 : I-485 or Adjustment of status : Now the immigrant waits for the visa number to be available and adjust his status to that of a permanent resident.
Most of us are in stage 3.
We are stuck in stage 3 waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
Getting a mortgage is a lot easier if our immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage/Finance companies dont accept that.
Futher reading on our proposal to the government: http://immigrationvoice.org/forum/showthread.php?t=16506
.
MSG TO THE POLL PARTICIPANTS
Objective of this poll:
a) To assess if the idea has any strength
b) Invite media attention to the issue
c) Develop a task force to float this idea around.
Folks, even if 10% of us ended up buying a house, that is 100,000 more buyers in the market.
Some of us had their mortgage application rejected on the grounds that EAD is valid for only one year, even though their credit history, down payment, income stability are upto the mark.
more...
ramaonline
04-23 02:19 AM
according to a recent news item, the house speaker needs the support of at least 70 republicans to even consider a vote:
House Speaker Nancy Pelosi, D-Calif., has told the White House she could not pass a bill with Democratic votes alone, nor would she seek to enforce party discipline on the issue.
Bush would have to produce at least 70 Republican votes before she would consider a vote on comprehensive immigration legislation. Garnering such support might be very difficult for a president saddled with low approval ratings.
Democratic conservatives, particularly freshmen who seized their seats from Republicans, had to weather a barrage of attacks on the issue before their victories in November and are not eager to relive the experience, party aides and lawmakers say.
House Speaker Nancy Pelosi, D-Calif., has told the White House she could not pass a bill with Democratic votes alone, nor would she seek to enforce party discipline on the issue.
Bush would have to produce at least 70 Republican votes before she would consider a vote on comprehensive immigration legislation. Garnering such support might be very difficult for a president saddled with low approval ratings.
Democratic conservatives, particularly freshmen who seized their seats from Republicans, had to weather a barrage of attacks on the issue before their victories in November and are not eager to relive the experience, party aides and lawmakers say.
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vin13
11-13 06:46 AM
Just an F Y I, I havent read all 5 pages of this thread
Please read all pages and you will get a better idea of what is being done at this time.
Please read all pages and you will get a better idea of what is being done at this time.
more...
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sodh
07-24 10:49 PM
They are talking about Allien#.
If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.
If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.
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nogc_noproblem
09-26 01:49 PM
Sent the mail to Editor
more...
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WAIT_FOR_EVER_GC
07-13 12:05 PM
Read this thread and understand what Q, GC Perm and Teddy are saying.
We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
The can even extend to sep 2006 to capture all visas and move it back to June 2006.
Go and read that rather then guessing
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
The can even extend to sep 2006 to capture all visas and move it back to June 2006.
Go and read that rather then guessing
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
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vine93
06-10 03:54 PM
sent
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bfadlia
09-10 05:55 PM
Guys,
The link isnt working for me too.
I hope things work in favor with this bill today, but if not, we must ask for Citizenship instead of Greencards. Anyone with me.,
We have all waited for 5-10 year and there are many who got it in one year and then Citizenship in 6-8 years from the day they got their GCs. That was the normal timeframe. But due to their inefficiency, we are waiting this much time. NOT our fault. Now dont you guys think we must ask for Citizenship.. I thought my case was too stressful, came 99, applied 04, waiting for 485 now, but I have seen so many many stories of ohter guys also here who suffered more. I feel we must ask them Citizenship. If we get, great, else atleast we end up with GC.
Anybody with me,
Thanks,
Sri.,
That is absolutely reasonable.
Canada does exactly that. You need 4 years for citizenship, but if you were in the country legally before getting permanent residence that is counted.
Unfortunately, US legislators don't care about what's reasonable, their only thinking is "will supporting this bill benefit or hurt my chances of re-election"
The link isnt working for me too.
I hope things work in favor with this bill today, but if not, we must ask for Citizenship instead of Greencards. Anyone with me.,
We have all waited for 5-10 year and there are many who got it in one year and then Citizenship in 6-8 years from the day they got their GCs. That was the normal timeframe. But due to their inefficiency, we are waiting this much time. NOT our fault. Now dont you guys think we must ask for Citizenship.. I thought my case was too stressful, came 99, applied 04, waiting for 485 now, but I have seen so many many stories of ohter guys also here who suffered more. I feel we must ask them Citizenship. If we get, great, else atleast we end up with GC.
Anybody with me,
Thanks,
Sri.,
That is absolutely reasonable.
Canada does exactly that. You need 4 years for citizenship, but if you were in the country legally before getting permanent residence that is counted.
Unfortunately, US legislators don't care about what's reasonable, their only thinking is "will supporting this bill benefit or hurt my chances of re-election"
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kondur_007
04-10 03:44 PM
Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.
Now,
1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?
2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?
3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?
4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
Thanks,
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
Now,
1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?
2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?
3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?
4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
Thanks,
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
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alisa
01-18 10:10 PM
just sent it to you
wasn't sure i could put a file here
The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
wasn't sure i could put a file here
The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
immigrationsri
06-26 06:25 PM
Hi,
I am on H1B visa for the past 2.5 years and my current visa expires on 30th Sept 2010. When i approached my company for visa extension, i was told that based on management decision they are changing my visa from H1 to L1. I have a question on this one. If i proceed with this process and in the mean time i get a job offer from different company in US that is ready for H1 transfer and extension, Is it valid? Can i continue to work on my H1 for remaining years? If this is not a valid case and i need to continue with L1 only (with current employer), Will my number of years to work in US be reduced?
Please treat these questions as urgent ones and kindly reply.
Thanks in Advance.
Regards,
Sri
I am on H1B visa for the past 2.5 years and my current visa expires on 30th Sept 2010. When i approached my company for visa extension, i was told that based on management decision they are changing my visa from H1 to L1. I have a question on this one. If i proceed with this process and in the mean time i get a job offer from different company in US that is ready for H1 transfer and extension, Is it valid? Can i continue to work on my H1 for remaining years? If this is not a valid case and i need to continue with L1 only (with current employer), Will my number of years to work in US be reduced?
Please treat these questions as urgent ones and kindly reply.
Thanks in Advance.
Regards,
Sri
sat0207
04-27 09:23 AM
Immigration Security Checks
�How and Why the Process Works
Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS)
Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
�How and Why the Process Works
Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS)
Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
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