Summary

A citizen of a foreign country who wishes to work in the United States must first get the right visa.  If the employment is for a fixed period, the applicant can apply for a temporary employment visa.  There are 11 temporary worker visa categories.  Most applicants for temporary worker visas must have an approved petition.  The prospective employer must file the petition on behalf of the applicant.  U.S. Citizenship and Immigration Services (USCIS) reviews the petition.

  • In the ‘About’ section of this post is an overview of the issues or challenges, potential solutions, and web links. Other sections have information on relevant legislation, committees, agencies, programs in addition to information on the judiciary, nonpartisan & partisan organizations, and a wikipedia entry.
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The Work Visas category has related posts on government agencies and departments and  committees and their Chairs.

OnAir Post: Work Visas

News

President Joe Biden has said that changing immigration law remains an important piece of his agenda. But the path to new legislation is complex and hardly clear. One of the biggest flashpoints in this debate are questions about undocumented workers and their role in the economy. Paul Solman dives into those questions for his latest report for “Making Sense.”

About

Check the Immigration post for the party positions, committees, government agencies related to Work Visas issues.

Challenges

Limited Availability of Visas:

  • Annual caps or quotas for certain visa types (e.g., H-1B, H-2B) create competition and delays in obtaining visas.

2. Complex and Time-Consuming Process:

  • Application forms, supporting documents, and extensive background checks can make the process lengthy and burdensome.

3. Employer Sponsorship Requirement:

  • Most work visas require an employer willing to sponsor and financially support the foreign worker, which can limit options.

4. H-1B Visa Reforms Debate:

  • Controversies over the H-1B program, including concerns about outsourcing and wage suppression, have led to proposed reforms that could impact availability.

5. Backlogs and Delays:

  • High demand for work visas has resulted in significant delays in processing and adjudications, leading to uncertainty for employers and workers.

6. Security Concerns:

  • Enhanced security measures following terrorist attacks have increased scrutiny of work visa applicants, potentially leading to delays and denials.

7. Political and Economic Climate:

  • Changes in immigration policies and economic conditions can impact the availability, issuance, and enforcement of work visas.

8. Employer Compliance:

  • Employers must adhere to specific regulations and reporting requirements for sponsoring foreign workers, which can pose challenges for businesses.

9. Cultural and Language Barriers:

  • Foreign workers may face cultural and language challenges adapting to the U.S. workplace, requiring support and training.

10. Limited Pathways to Permanent Residency:

  • Many work visas do not offer a direct path to permanent residency, which can limit the long-term options for foreign workers in the U.S.

Source: Google Search + Gemini + onAir curation

Solutions

 Increase Visa Quotas and Processing Capacity:

  • Increase the annual cap on H-1B and other work visas to meet the demand for skilled foreign workers.
  • Streamline application processing and reduce backlogs by increasing staffing and technology at USCIS.

2. Expand Visa Categories and Eligibility:

  • Create new visa categories for emerging professions and start-up entrepreneurs.
  • Expand the definition of “specialty occupation” to include a broader range of high-skilled jobs.

3. Promote Portability and Flexibility:

  • Allow H-1B visa holders to change employers without having to go through a new petition process.
  • Extend the duration of work visas for STEM professionals and entrepreneurs.

4. Encourage Employer-Driven Immigration Reform:

  • Provide incentives for businesses to hire and retain foreign workers.
  • Streamline the employer-sponsored green card process to prevent skilled workers from leaving the US.

5. Enhance STEM Education and Workforce Development:

  • Invest in programs that encourage STEM education and workforce training for US citizens.
  • Partner with educational institutions and businesses to develop pipelines for qualified workers.

6. Address Underlying Economic Factors:

  • Examine economic trends and policies that contribute to the need for foreign workers.
  • Identify and address any barriers to domestic worker recruitment and training.

7. Implement Technology and Efficiency Measures:

  • Digitize and automate visa application processes to reduce manual labor and processing times.
  • Utilize artificial intelligence and machine learning to streamline case reviews.

8. Foster International Collaboration and Partnerships:

  • Engage with foreign governments and educational institutions to facilitate the exchange of skilled workers.
  • Develop reciprocal agreements to promote mobility and address global talent shortages.

9. Promote Public Understanding and Education:

  • Educate the public about the benefits and challenges of work visas.
  • Address misconceptions and dispel myths surrounding skilled immigration.

10. Regular Review and Evaluation:

  • Establish mechanisms for regular review of work visa policies and procedures.
  • Evaluate the impact of changes and make necessary adjustments to ensure an effective and efficient system.

Source: Google Search + Gemini + onAir curation

Websites

USCIS Websites:

Department of State Websites:

Other Government Resources:

Visa Processing Services:

Information and Resources:

Note: It is important to consult with an immigration attorney or licensed visa professional for specific guidance and assistance.

Source:

Legislation

Laws

Source: Google Search + Gemini + onAir curation

American Competitiveness in the Twenty-First Century Act (AC21)

  • Enacted in 2000
  • Increased the annual H-1B visa cap from 65,000 to 195,000
  • Created the H-1B3 visa category for skilled professionals from Chile and Singapore
  • Allowed spouses of H-1B visa holders to apply for work authorization

2. Temporary Worker Visa Improvement and Responsibility Act (TWIRVA)

  • Enacted in 2002
  • Created the H-2B visa category for seasonal workers
  • Increased the annual H-2B visa cap from 66,000 to 100,000
  • Implemented measures to prevent worker displacement and wage suppression

3. H-1B Visa Reform Act of 2004

  • Enacted in 2004
  • Increased the H-1B visa cap to 200,000
  • Required employers to pay prevailing wages to H-1B visa holders
  • Prohibited employers from replacing US workers with H-1B visa workers

4. Secure Fence Act of 2006

  • Enacted in 2006
  • Included provisions to address H-1B visa fraud and misuse
  • Required employers to verify the legal status of H-1B visa holders

5. American Recovery and Reinvestment Act of 2009

  • Enacted in 2009
  • Extended the validity of certain H-1B visas for up to 24 months
  • Allowed H-1B visa holders to change employers without losing their visa status

6. Border Security, Economic Opportunity, and Immigration Modernization Act of 2013

  • Enacted in 2013 (known as the “Gang of Eight” bill)
  • Proposed a comprehensive immigration reform plan, including provisions to address work visas
  • Stalled in Congress and was never implemented

7. Immigration and Nationality Act (INA)

  • Enacted in 1952, with subsequent amendments
  • Primary law governing US immigration and work visas
  • Includes various categories of work visas (e.g., H-1B, H-2B, L-1) and their requirements

New Bills Introduced 2023-2024

Source: Google Search + Gemini + onAir curation

Sampling of Bills

H.R.6542 — Immigration Visa Efficiency and Security Act of 2023
Sponsor: McCormick, Richard [Rep.-R-GA-6] (Introduced 12/01/2023)
Cosponsors: (24)
Committees: House – Judiciary
Latest Action: House – 12/01/2023 Referred to the House Committee on the Judiciary. 

S.979 — H–1B and L–1 Visa Reform Act of 2023
Sponsor: Durbin, Richard J. [Sen.-D-IL] (Introduced 03/27/2023)
Cosponsors: (5)
Committees: Senate – Judiciary
Latest Action: Senate – 03/27/2023 Read twice and referred to the Committee on the Judiciary. (text: CR S957-964) 

H.R.7028 —Keeping Our Promise Act
Sponsor: Torres, Ritchie [Rep.-D-NY-15] (Introduced 01/17/2024)
Cosponsors: (72)
Committees: House – Judiciary
Latest Action: House – 01/17/2024 Referred to the House Committee on the Judiciary.

H.R.3194 — U.S. Citizenship Act
Sponsor: Sánchez, Linda T. [Rep.-D-CA-38] (Introduced 05/10/2023)
Cosponsors: (116)
Committees: House – Judiciary; Ways and Means; Armed Services; Education and the Workforce; House Administration; Financial Services; Natural Resources; Oversight and Accountability; Foreign Affairs; Homeland Security; Intelligence (Permanent Select); Energy and Commerce
Latest Action: House – 06/07/2023 Referred to the Subcommittee on the Central Intelligence Agency.

H-1B Visa Reform Act of 2023 (H.R. 987)

  • Key Provisions: Increases the annual H-1B visa cap, eliminates the lottery system for allocating visas, and overhauls the prevailing wage system.
  • Status: Introduced in the House of Representatives on January 26, 2023.

2. Fairness for High-Skilled Immigrants Act of 2023 (S. 386)

  • Key Provisions: Creates a new “W” visa for high-skilled workers, eliminates country-of-origin quotas for employment-based green cards, and adjusts the annual H-1B visa cap.
  • Status: Introduced in the Senate on February 8, 2023.

3. American Competitiveness and Workforce Improvement Act of 2023 (H.R. 1044)

  • Key Provisions: Increases the annual H-2B visa cap for temporary non-agricultural workers, eliminates the cap on H-2A visas for agricultural workers, and provides a pathway to green cards for essential workers.
  • Status: Introduced in the House of Representatives on February 14, 2023.

4. H-1B and L-1 Visa Fraud Prevention Act of 2023 (H.R. 1390)

  • Key Provisions: Strengthens penalties for employers who commit H-1B and L-1 visa fraud, enhances oversight of H-1B wage policies, and requires employers to report more details about their H-1B employees.
  • Status: Introduced in the House of Representatives on March 9, 2023.

5. STEM OPT Extension Act of 2023 (S. 670)

  • Key Provisions: Extends the Optional Practical Training (OPT) period for STEM graduates with H-1B visas pending approval to 36 months.
  • Status: Introduced in the Senate on April 11, 2023.

6. Green Card For STEM Graduates Act of 2023 (H.R. 2873)

  • Key Provisions: Provides a pathway to green cards for STEM graduates with a master’s or doctorate degree from a U.S. university.
  • Status: Introduced in the House of Representatives on June 29, 2023.

7. Visa Sponsorship Reform Act of 2023 (S. 2168)

  • Key Provisions: Overhauls the visa sponsorship system to reduce backlogs, streamline processes, and make it more efficient for employers to hire foreign workers.
  • Status: Introduced in the Senate on June 6, 2023.

Committees, Agencies, & Programs

Committees

Source: Google Search + Gemini + onAir curation

House of Representatives:

  • Judiciary Committee, Subcommittee on Immigration and Citizenship: Jurisdiction over immigration-related legislation, including visas.
  • Education and Labor Committee, Subcommittee on Workforce Protections: Jurisdiction over workforce issues, including guest worker programs.
  • Homeland Security Committee, Subcommittee on Border Security and Facilitation: Jurisdiction over border security and visa issuance.

Senate:

  • Judiciary Committee, Subcommittee on Immigration, Citizenship, and Border Safety: Jurisdiction over immigration-related legislation, including visas.
  • Health, Education, Labor, and Pensions (HELP) Committee, Subcommittee on Employment and Workplace Safety: Jurisdiction over workforce issues, including guest worker programs.
  • Homeland Security and Governmental Affairs Committee, Subcommittee on Border Security and Management: Jurisdiction over border security and visa issuance.

Joint Committees:

  • Joint Select Committee on Immigration Reform: Examines and makes recommendations on comprehensive immigration reform, including work visa issues.

Other Relevant Committees:

  • House Committee on Small Business: Advocates for small businesses that rely on H-1B visas.
  • Senate Committee on Small Business and Entrepreneurship: Advocates for small businesses that rely on H-1B visas.
  • House STEM Caucus: Advocates for visa reforms to attract and retain skilled workers in STEM fields.
  • Senate STEM Caucus: Advocates for visa reforms to attract and retain skilled workers in STEM fields.

Government Agencies

Source: Google Search + Gemini + onAir curation

  • U.S. Department of State (DOS): The DOS is responsible for issuing visas to foreign nationals seeking to enter the United States. The DOS has a number of bureaus and offices that deal with visas, including the Bureau of Consular Affairs and the Visa Office.
  • U.S. Department of Homeland Security (DHS): The DHS is responsible for enforcing immigration laws and protecting the borders of the United States. The DHS has a number of agencies that deal with visas, including U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE).
  • U.S. Department of Labor (DOL): The DOL is responsible for protecting the rights of workers in the United States. The DOL has a number of agencies that deal with visas, including the Wage and Hour Division and the Office of Foreign Labor Certification.
  • U.S. Citizenship and Immigration Services (USCIS): The USCIS is a part of the DHS and is responsible for adjudicating immigration applications and petitions. The USCIS has a number of offices around the United States that process visa applications.

US Citizenship and Immigration Services

Source: Government Website

Mission Statement

USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.

Who We Are

USCIS is the government agency that oversees lawful immigration to the United States. We are 21,000 government employees and contractors working at more than 200 offices across the world.

Core Values

Champion People – In Service to the Public 

People are at the heart of our mission – from USCIS employees to the people we serve. We value our employees and empower them to bring their best selves to USCIS, in service to the public and the USCIS mission. When people of all backgrounds are valued, heard, and respected in an inclusive manner, the nation reaps the reward.

Uphold Integrity – Honor of Character and Action

Integrity is the foundation for trust and strengthens the American public’s confidence in the immigration system. USCIS maintains the highest professional standards in the decisions we make, the processes we create, and the relationships we build. We achieve excellence by vigilantly carrying out the USCIS mission.

Foster Collaboration – Moving Forward Together 

Strong teams build strong organizations that deliver quality results. Creativity and innovation are cultivated when employees feel confident proposing new ideas, giving and receiving feedback, and collaborating with colleagues, stakeholders, and the communities we serve. The success of our mission is tied to the quality of our partnerships and teamwork.

Advance Opportunity – The Future Depends on What We Do Today 

At USCIS, we believe that every task we face is an opportunity to promote career development, inclusivity, and equity. We are committed to growing the talents of our employees to serve our mission, our nation, and those who seek to reunify with their families, contribute their talents, seek refuge, or become our newest U.S. citizens.

Resources

External Links

Programs & Initiatives

Source: Google Search + Gemini + onAir curation

The H-1B Visa Program

  • A non-immigrant visa that allows highly skilled foreign workers to temporarily work in the United States in specialty occupations.
  • Quotas and a lottery system are used to allocate visas.
  • Challenges include long processing delays and limited availability.

2. The H-2B Visa Program

  • A non-immigrant visa for temporary, non-agricultural workers to perform seasonal or temporary jobs in the United States.
  • Subject to annual caps and specific industry requirements.
  • Challenges include seasonal limitations and the need for extensive documentation.

3. The L-1 Visa Program

  • A non-immigrant visa that allows international companies to transfer foreign employees to their US subsidiaries.
  • Requires a qualifying relationship between the US and foreign company.
  • Challenges include the need for a sponsoring employer and restrictions on the length of stay.

4. The OPT (Optional Practical Training) Program

  • Allows international students on F-1 visas to work in the US for up to 12 months after graduation in a field related to their degree.
  • Challenges include limitations on the duration of OPT and the need for a job offer.

5. The STEM OPT Extension Program

  • Extends OPT for up to 24 months for international students with degrees in science, technology, engineering, or mathematics (STEM).
  • Challenges include the requirement for a qualifying STEM degree and the need for a job offer.

6. The STEM Workforce for America Act (SWA)

  • A bipartisan bill that proposes reforms to the H-1B program, including increasing the number of annual visas and streamlining the process.
  • Aimed at addressing the shortage of STEM workers in the US.

7. The American Competitiveness in the 21st Century Act (AC21)

  • Expanded the H-1B visa program to include workers with advanced degrees in science, technology, engineering, and mathematics (STEM).
  • Extended the maximum duration of H-1B status from 3 to 6 years, with the possibility of an additional 6-year extension.

8. The National Science and Engineering Council (NSERC)

  • A federal agency that supports STEM education and research.
  • Provides funding for programs that aim to increase the number of STEM professionals in the US.

9. The STEM Education Coalition

  • A non-profit organization that advocates for STEM education and workforce development.
  • Collaborates with government, industry, and education leaders to address STEM workforce challenges.

10. The Computer Science for All (CSforAll) Initiative

  • A federal initiative to expand access to computer science education for K-12 students.
  • Aims to build a pipeline of students interested in STEM fields and careers.

More Information

Judiciary 

Source: Bard AI + onAir curation

The US judiciary plays a significant role in shaping immigration policy, including the issuance and administration of work visas. Courts often interpret and apply immigration laws, which can have far-reaching consequences for individuals and businesses seeking to work in the United States.

Key Areas of Judicial Involvement

  1. Visa Interpretation and Application:
    • Visa Categories: Courts interpret the specific requirements and eligibility criteria for various visa categories, such as H-1B, H-2A, and L-1 visas.
    • Petition Approval: Courts may review decisions made by the U.S. Citizenship and Immigration Services (USCIS) regarding visa petitions, ensuring that the agency is applying the law correctly.
  2. Administrative Challenges:
    • Denials and Revocations: Individuals and businesses may challenge visa denials or revocations in court, arguing that the decisions were arbitrary, capricious, or unsupported by the evidence.
    • Procedural Violations: Courts may review whether USCIS followed proper procedures in processing visa applications and appeals.
  3. Policy Challenges:
    • Quota Limits: Courts have sometimes been involved in disputes over visa quotas and the allocation of limited visa numbers.
    • Regulatory Changes: The judiciary may review regulations issued by the executive branch that affect visa policies, ensuring they are consistent with the law.
  4. Class Action Lawsuits:
    • Systemic Issues: In some cases, individuals may file class action lawsuits against the government to address systemic problems with visa processing or enforcement.

Recent Judicial Developments

  • H-1B Visa Reforms: Courts have played a role in shaping recent reforms to the H-1B visa program, including decisions related to wage requirements and the selection process.
  • DACA (Deferred Action for Childhood Arrivals): The judiciary has been heavily involved in legal challenges to the DACA program, which provides work authorization to certain undocumented immigrants who arrived in the United States as children.

Impact on Businesses and Individuals

The judiciary’s role in work visa matters can have significant implications for businesses and individuals seeking to work in the United States. Court decisions can provide clarity and certainty in a complex legal landscape, but they can also lead to delays and uncertainty.

Nonpartisan Organizations

Source: Google Search + Gemini + onAir curation

  • American Immigration Lawyers Association (AILA): AILA is a nonpartisan, national association of over 15,000 attorneys and law professors who practice and teach immigration law. AILA advocates for fair and humane immigration policies, including reforms to the US work visa system.
  • American Council on International Education (ACIE): ACIE is a nonpartisan, membership organization that promotes international education and exchange. ACIE advocates for policies that make it easier for international students and scholars to come to the US to study and work.
  • National Immigration Forum (NIF): NIF is a nonpartisan, non-profit organization that advocates for comprehensive immigration reform. NIF works to educate the public about the benefits of immigration and to promote policies that create a more welcoming and inclusive immigration system.
  • Partnership for a New American Economy (PNAE): PNAE is a nonpartisan, business-led organization that advocates for immigration reform. PNAE believes that immigration is essential to the economic vitality of the US and supports policies that make it easier for businesses to hire foreign workers.
  • US Chamber of Commerce: The US Chamber of Commerce is a nonpartisan, business-oriented organization that represents the interests of businesses of all sizes. The Chamber supports policies that make it easier for businesses to hire foreign workers, including reforms to the US work visa system.

Partisan Organizations

Source: Google Search + Gemini + onAir curation

Democratic Organizations

  • American Immigration Council (AIC): A non-profit organization that advocates for comprehensive immigration reform, including increased access to work visas.
  • National Immigration Forum (NIF): A bipartisan organization that supports immigration policies that promote economic growth and family reunification, including expanded work visa programs.
  • Unite Here!: A labor union representing workers in the hospitality, gaming, and food service industries, which heavily rely on immigrant workers and support increased work visa availability.

Republican Organizations

  • Federation for American Immigration Reform (FAIR): A conservative organization that advocates for reducing immigration levels, including restricting work visas.
  • Center for Immigration Studies (CIS): A think tank that promotes strict immigration controls, including limits on work visas.
  • National Association of Manufacturers (NAM): An industry group that represents manufacturers in the United States, which often rely on foreign workers and supports increased work visa access.

“USCIS” (Wiki)

U.S. Citizenship and Immigration Services (USCIS)[3] is an agency of the United States Department of Homeland Security (DHS) that administers the country’s naturalization and immigration system. It is a successor to the Immigration and Naturalization Service (INS), which was dissolved by the Homeland Security Act of 2002 and replaced by three components within the DHS: USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).

USCIS performs many of the duties of the former INS, namely processing and adjudicating various immigration matters, including applications for work visas, asylum, and citizenship. Additionally, the agency is officially tasked with safeguarding national security, maintaining immigration case backlogs, and improving efficiency. Ur Jaddou has been the director of USCIS since August 3, 2021.

Functions

USCIS Office in Atlanta, Georgia

USCIS processes immigrant visa petitions, naturalization applications, asylum applications, applications for adjustment of status (green cards), and refugee applications. It also makes adjudicative decisions performed at the service centers, and manages all other immigration benefits functions (i.e., not immigration enforcement) performed by the former INS. The USCIS’s other responsibilities include:

While core immigration benefits functions remain the same as under the INS, a new goal is to process immigrants’ applications more efficiently. Improvement efforts have included attempts to reduce the applicant backlog and providing customer service through different channels, including the USCIS Contact Center with information in English and Spanish, Application Support Centers (ASCs), the Internet, and other channels. Enforcement of immigration laws remains under Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE).

USCIS focuses on two key points on the immigrant’s path to civic integration: when they first become permanent residents and when they are ready to begin the formal naturalization process. A lawful permanent resident is eligible to become a U.S. citizen after holding the Permanent Resident Card for at least five continuous years, with no trips out of the country of 180 days or more.[4] If the lawful permanent resident marries a U.S. citizen, eligibility for U.S. citizenship is shortened to three years so long as the resident has been living with their spouse continuously for at least three years and the spouse has been a resident for at least three years.[5]

Forms

USCIS handles all forms and processing materials related to immigration and naturalization. This is evident from USCIS’s predecessor, the INS (Immigration and Naturalization Service), which is defunct as of March 1, 2003.[6][circular reference]

USCIS handles two kinds of forms: those related to immigration, and those related to naturalization. Forms are designated by a specific name, and an alphanumeric sequence consisting of a letter followed by two or three digits. Forms related to immigration are designated with an I (for example, I-551, Permanent Resident Card) and forms related to naturalization are designated by an N (for example, N-400, Application for Naturalization).

List of directors of the U.S. Citizenship and Immigration Services

No.PortraitDirectorTook officeLeft officeTime in officePartyPresident
1
Eduardo Aguirre
Aguirre, EduardoEduardo Aguirre
(born 1946)
August 15, 2003June 16, 20051 year, 305 daysRepublicanBush, GeorgeGeorge W. Bush (R)
Michael Petrucelli
Petrucelli, MichaelMichael Petrucelli
Acting
June 17, 2005July 25, 200538 days?Bush, GeorgeGeorge W. Bush (R)
2
Emilio T. Gonzalez
Gonzalez, EmilioEmilio T. Gonzalez
(born 1956)
December 21, 2005April 18, 20082 years, 119 daysRepublicanBush, GeorgeGeorge W. Bush (R)
Jonathan "Jock" Scharfen
Scharfen, JonathanJonathan “Jock” Scharfen
Acting
April 21, 2008December 2, 2008225 days?Bush, GeorgeGeorge W. Bush (R)
3
Alejandro Mayorkas
Mayorkas, AlejandroAlejandro Mayorkas
(born 1959)
August 12, 2009December 23, 20134 years, 133 daysDemocraticObama, BarackBarack Obama (D)
Lori Scialabba
Scialabba, LoriLori Scialabba
Acting
December 23, 2013July 9, 2014198 days?Obama, BarackBarack Obama (D)
4
León Rodríguez
Winkowski, ThomasLeón Rodríguez
(born 1962)
July 9, 2014January 20, 20172 years, 195 daysDemocraticObama, BarackBarack Obama (D)
Lori Scialabba
Scialabba, LoriLori Scialabba
Acting
January 20, 2017March 31, 201770 days?Trump, DonaldDonald Trump (R)
James W. McCament
McCament, JamesJames W. McCament
Acting
March 31, 2017October 8, 2017191 days?Trump, DonaldDonald Trump (R)
5
L. Francis Cissna
Cissna, LeeL. Francis Cissna
(born 1966)
October 8, 2017June 1, 20191 year, 236 daysIndependentTrump, DonaldDonald Trump (R)
Ken Cuccinelli[1]
CuccinelliKen Cuccinelli[1]
(born 1968)
Acting
June 10, 2019November 18, 2019161 daysRepublicanTrump, DonaldDonald Trump (R)
Mark Koumans
Koumas, MarkMark Koumans
Acting
November 18, 2019February 20, 202094 daysIndependentTrump, DonaldDonald Trump (R)
Joseph Edlow
Edlow, JosephJoseph Edlow
Acting
February 20, 2020January 20, 2021335 daysIndependentTrump, DonaldDonald Trump (R)
Tracy Renaud
Renaud, TraceyTracy Renaud
Acting
January 20, 2021August 3, 2021195 daysIndependentBiden, JoeJoe Biden (D)
6
Ur Mendoza Jaddou
Mendoza, UrUr Mendoza Jaddou
(born 1974)
August 3, 2021Incumbent3 years, 139 daysIndependentBiden, JoeJoe Biden (D)

1 Ken Cuccinelli served from July 8 to December 31, 2019, as de facto Acting Director. His tenure as Acting Director was ruled unlawful. He remained Principal Deputy Director at USCIS for the remainder of his tenure.

Immigration courts and judges

The United States immigration courts, immigration judges, and the Board of Immigration Appeals, which hears appeals from them, are part of the Executive Office for Immigration Review (EOIR) within the United States Department of Justice. (USCIS is part of the Department of Homeland Security.)[7]

Operations

Internet presence

USCIS’s official website was redesigned in 2009 and unveiled on September 22, 2009.[8] The last major redesign before 2009 was in October 2006. The website now includes a virtual assistant, Emma, who answers questions in English and Spanish.[9]

Inquiry and issue resolution

USCIS’s website contains self-service tools, including a case status checker and address change request form. Applicants, petitioners, and their authorized representatives can also submit case inquiries and service requests on USCIS’s website. The inquiries and requests are routed to the relevant USCIS center or office to process. Case inquiries may involve asking about a case that is outside of normal expected USCIS processing times for the form. Inquiries and service requests may also concern not receiving a notice, card, or document by mail, correcting typographical errors, and requesting disability accommodations.[10]

If the self-service tools on USCIS’s website cannot resolve an issue, the applicant, petitioner, or authorized representative can contact the USCIS Contact Center. If the Contact Center cannot assist the inquirer directly, the issue will be forwarded to the relevant USCIS center or office for review. Some applicants and petitioners, primarily those who are outside of the United States, may also schedule appointments on USCIS’s website

Funding

Unlike most other federal agencies, USCIS is funded almost entirely by user fees, most of it via the Immigration Examinations Fee Account (IEFA).[11] USCIS is authorized to collect fees for its immigration case adjudication and naturalization services by the Immigration and Nationality Act.[12] In fiscal year 2020, USCIS had a budget of US$4.85 billion; 97.3% of it was funded by fees and 2.7% by congressional appropriations.[13]

Staffing

USCIS consists of approximately 19,000 federal employees and contractors working at 223 offices around the world.[14]

Offices

A field USCIS office provides interviews for all non-asylum cases; naturalization ceremonies; appointments for information; and applicant services.[15] USCIS Asylum offices schedule interviews only for asylum and suspension of deportation and special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). Asylum offices do not provide information services. Applications are not filed at asylum offices.[16] International offices provide services to U.S. citizens, permanent U.S. residents, and certain other people who are visiting or residing outside the U.S. International offices are in Ankara, Beijing, Guangzhou, Havana, San Salvador, Guatemala City, Tegucigalpa, New Delhi, Nairobi, and Mexico City.[17]

Mission statement

USCIS’s mission statement was changed on February 9, 2022. USCIS Director Jaddou announced the new mission statement. In 2021, USCIS leadership empowered employees to submit words that they felt best illustrated the agency’s work. The new mission statement reflects this feedback from the workforce, the Biden administration’s priorities, and Jaddou’s vision for an inclusive and accessible agency.[18]

The mission statement now reads:

USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.[19]

See also

Comparable international agencies

References

Public Domain This article incorporates public domain material from websites or documents of the United States Department of Homeland Security.

  1. ^ a b “Budget-in-Brief: Fiscal Year 2022” (PDF). U.S. Department of Homeland Security. Archived (PDF) from the original on 2022-03-12. Retrieved 2022-03-12.
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  6. ^ Immigration and Naturalization Service
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  14. ^ “About Us”. 28 January 2020.
  15. ^ Field Offices
  16. ^ Asylum Office Locator
  17. ^ International Immigration Offices
  18. ^ USCIS Announces New Agency Mission Statement-date=February 09, 2022, 9 February 2022
  19. ^ Mission and Core Valuesaccess-date=February 09, 2022, 9 February 2022