USCIS has an Ombudsman that makes annual recommendations to the agency on how to improve. Oftentimes the report can indicate steps the agency may take in the future, whether they are already under consideration, or in response to the report. The USCIS Ombudsman released its 2024 Annual Report in June.

The report is focused largely on how to continue to improve the agency’s customer service and processing times. The focus on these everyday issues is welcome. Below are some of the highlights of the Ombudsman’s recommendations. We at Meltzer Hellrung hope USCIS acts on these recommendations for the benefit of the companies and foreign nationals who apply for immigration benefits.

Minimizing Lost Mail 

The consequences of lost mail from USCIS, whether a notice, an approval, or work authorization document can be immensely disruptive. The Ombudsman made several recommendations we sincerely hope are implemented.

• Allow the Contact Center to send an electronic copy via email to all eligible individuals who contact them about a missing notice or request for evidence (RFE).
• Revisit a “hold for pickup” program for secure identity documents.
• Consider issuing digital versions of short-term travel documents such as those authorizing travel for individuals under Temporary Protected Status (TPS) and Consideration of Deferred Action for Childhood Arrivals (DACA) recipients

Improve EAD Work Authorization Processing

In the 2024 fiscal year USCIS expects to receive over 4.3 million I-765 applications for work authorization. However, USCIS’s ability to process the work authorization documents is hampered by production capacity to print EAD and Green Cards, among other factors. Recommendations to improve the process include:

• Increase card production capacity to keep pace with demand.
• Explore ways to reduce the number of cards USCIS needs to produce. 
  • Decouple the one-to-one relationship between Form I-765 approvals and EAD production.
    • Instead, the agency could produce EADs that noncitizens can use for a specified period of time (possibly up to 5 years) across multiple Form I-765 approvals to maximize the utility of each card produced. Removing Form I-765-specific information (expiration date and employment authorization category) from the face of the EAD could significantly reduce pressure on both OIDP’s card production and PONDS’ undeliverable mail operations. The reliance would shift from the card alone to the card plus additional qualifying information, such as the secure approval notice.
  • Consider exploring a mechanism, such as an online database, that confirms the current employment authorization category and end date for a noncitizen’s EAD.

Clarify Processing Times to Improve and Manage Expectations

USCIS processing times posted online use an 80 percent marker. To calculate general processing times, USCIS looks at the previous 6-month period and then counts the cases completed (approvals and denials) during those 6 months. USCIS then captures the number of days (or months) between the date USCIS received the form and the date USCIS completed processing. Using this information, USCIS determines how long it took to complete 80 percent of those cases; that is what USCIS posts as the general processing time. However, this is not the metric to determine whether a case is outside normal processing times. That instead is based on a 93% threshold.

The Ombudsman’s suggestions would make a significant improvement in setting expectations for Meltzer Hellrung and our clients.

• Improve the USCIS processing times tool
  • More accurately characterize the tool—and the results it generates—as a recent historical snapshot of processing times for similar cases
  • Add the date the general processing times were last updated.
  • Provide the date range of the underlying data used.

Should any of these suggestions become reality, we will be sure to keep you updated!