The e-filing revolution is proceeding apace - ELIS now has 7 forms available for e-filing! However, despite their objective to minimize the importance of form numbers, they are referred to exclusively by their form numbers.
ImmBlog
Latest developments in immigration law
Friday, August 10, 2012
No more form numbers?
As part of their
Transformation initiative, USCIS plans to remove references to specific form
numbers and titles. According to the Federal Register, Vol. 76, No. 167:
DHS is removing references to form numbers and form titles. At this time, USCIS will continue to accept paper submission of most applications, petitions, and benefit requests, although it will phase out references to mandatory use of specific forms for specific purposes in the regulations. Mandating in regulations specific form numbers reduces USCIS's ability to modify its business processes to reflect filing procedures in an electronic environment. Form names and numbers will continue to exist for reference purposes but will not be specifically referenced in the regulations. This rule is an early step in the transformation process and purposely does not remove all form references from all regulations affecting USCIS procedures at this time. Forms identified by number will continue to appear until other parts of DHS regulations are amended to address transformation requirements. The list of prescribed forms will be removed from 8 CFR parts 299 and 499, although USCIS will continue to refer to form numbers on its Internet Web site, and public information telephone scripts. DHS components ICE, and CBP will likewise continue to refer to form numbers on their Internet Web sites.
In most instances, DHS is removing form names and numbers by replacing the form reference with a generic statement, such as “the form designated by USCIS.” Removal of these references from a paragraph or section in some instances, however, requires changes which cannot be achieved through replacement of a term or phrase. In those instances, the entire paragraph is revised.
Speaking in
shorthand will be difficult if the USCIS eliminates form numbers
altogether. I would prefer to say,
"an I-129 for an H-1B," rather than "Petition for Nonimmigrant
Worker for an H-1B" - the former sounds snappier, and rolls off the tongue
easier. Plus I think the tech-speak sounds more impressive to a client. :)
Tuesday, August 7, 2012
Executive 'Dream Act'
As previously announced by the Obama
Administration, USCIS will begin accepting requests for consideration of
deferred action on August 15, 2012, for persons who came to the United States
before they were 16 years of age.
This does not grant the person any kind
of legal status, but rather ensures that the person will not be subject to
removal proceedings. The person can also
receive employment authorization upon a showing of an "economic
necessity."
A person who came to the U.S. before
reaching his or her 16th birthday may request deferred action if he or she:
- Was under the age of 31 as of June 15, 2012;
- Had continuously resided in the U.S. since June 15, 2007, up through the present time;
- Was physically present in the U.S. on June 15, 2012, and at the time of making the request;
- Is currently in school, OR has graduated or obtained a certificate of completion from high school, OR has obtained a G.E.D., OR is an honorably discharged veteran of the Coast Guard or Armed Forces; and
- Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
For more information, click this
link. The forms are not up on the USCIS
website yet, but should be by August 15.
Sunday, August 5, 2012
Transformation
This post is based on info from the USCIS website.
The Department of Homeland Security (DHS) is attempting to
enable U.S. Citizenship and Immigration Services (USCIS) to migrate from a
paper file-based, non-integrated systems environment to an electronic
customer-focused, centralized case management environment for benefit
processing. USCIS will not eliminate
paper filing at this time, but will convert the data from paper to an
electronic medium when the completed form is received. USCIS benefit adjudication operations will be
changed incrementally from a paper- and hard copy file-based process to an
electronic process, making it possible to process benefit requests more
efficiently.
USCIS is engaged in
an enterprise-wide transformation effort to implement new business processes
and to improve service, operational efficiency, and national security. USCIS's
new operational environment will employ online accounts, such as those used by
many private sector organizations.
Applicants and
petitioners will be able to access individualized accounts that will provide
electronic access to information on how to apply for benefits, allow easier
filing, and permit applicants and petitioners, and their representatives, to
track the status of open applications and petitions. Applicants and petitioners will be able to
use a secure USCIS Internet Web site to access accounts “on-demand” in an
electronic service environment available at all times.
USCIS will develop
new automated case management tools to access data electronically, prevent the
loss of information, and provide adjudicators with a comprehensive view of an
alien's immigration history. USCIS's electronic environment will facilitate and
expedite information collection, reduce benefit fraud and result in more
consistent and efficient decisions. USCIS is supplementing existing paper
filing options by adding more user-friendly electronic filing options.
As the USCIS
transformation initiative progresses, electronic versions of forms and digital
images of supporting documents will largely replace paper forms and documents
for adjudication and records retention purposes. USCIS will specify the process and standards
for the transmission of electronic benefit requests and supporting documents on
its Internet Web site, but it is intended that these standards will accommodate
the technology in most home and public computers so as to be widely accessible.
As transformation
continues, the filing of paper forms is expected to decrease substantially as
USCIS expects electronic means to become the preferred filing method.
For more info on Transformation see this link.
I'll discuss a couple of interesting aspects to Transformation in upcoming posts.
Tuesday, July 31, 2012
Intro to USCIS Electronic Immigration System
Last week, I attended a webinar offered by the USCIS to
demonstrate their new ELIS
(Electronic Immigration System).
Currently the ELIS system is set up only for the Application
to Extend or Change Nonimmigrant Status, currently known as I-539. (However, USCIS wants to move away from using
these form numbers; I will provide more information about this subject in a
subsequent post regarding USCIS' plans for "transformation.")
At the beginning of the demo session, I was surprised that a
applicant for USCIS benefits is allowed to use only one name. I suppose my Western bias is showing, but is having a mononym really that common in the rest of the world? (Evidently so in Java and Indonesia, at least.)
ELIS walks the applicant through each question on the
application, step-by-step, and supplies necessary information as the applicant
proceeds. There is a sidebar on the left that shows
which section of the application you are completing at the moment, and you can
move around between sections. I will
share a few screenshots from the demo below:
About You - basic info. |
About You - add as many forms of ID that you want. |
Instructions and tips are offered throughout the process. |
If you need to explain or qualify your answers in any section of the application, you can click "Add Additional Page Information" to provide any supplemental information:
Add supplemental info as desired. |
As you can see in the "Tips" column in the next screenshot, if you answer "Yes" to any red-flag eligibility question, you will be prompted to supply additional information:
See "Tips" to the right. |
The applicant is also prompted to supply the requisite documentation:
More help for the user. |
The supporting documents are uploaded directly to the ELIS system from the applicant's computer in any of the following file formats: *.bmp, *.doc, *.jpg, *.pdf, of *.tif.
Wide variety of file types are supported. |
Using the [Add File] button, the applicant can add as many documents as desired:
Adding documents. |
Approaching the end of the application process, the relevant preparer and translation questions are asked:
Preparer and translator questions. |
Your ELIS password acts as your signature. |
At the conclusion of the application process, the browser will take you to PAY.gov for payment.
Subscribe to:
Posts (Atom)