2/17/2007

The Inspector General report indicates that there are three problems, among others, with the current USCIS security check processing and management system. Firstly, biometric identification is either not utilized or improperly utilized in a number of immigration/nonimmigrant benefit applications/petitions as the primary tool for security clearance, posing the risk to the nation's security. 

Secondly, different agencies collect overlappingly biometrics at different stages, but because of lack of coordination and sharing of the biometric databases among the agencies, the USCIS takes steps to collect and re-collect biometrics causing delays in the processing times and increasing the backlogs. Thirdly, the USCIS undertakes security checks for certain proceedings that may not be necessary because of the nature of the proceedings. The IG thus recommends to achieve the improvements in these areas in order to remove the current loopholes in security clearance and potential security risk and to remove the current backlogs of applications and petitions.

The IG report is expected to affect the immigration benefits processing, requiring the changes in the procedures in petitions or applications. First, the USCIS is expected to require the biometric collection as a standard procedure for the "first" application or petition for any immigrant or nonimmigrant benefits. The USCIS has reported that it intends to require a biometric collection for the temporary worker (I-129) petitions and other applications, including the ancillary proceedings such as EAD and Advance Parole. This may affect the EAD application procedures in two ways, among others. 

Currently the agency allows mail-in EAD application which does not require the biometric collection unlike online filings. It is likely that the agency may change that. As for the Interm EAD after 90-day of filing of EAD application, the agency may adopt the current practice of some of the Service Centers and local district offices that state that the 90-day clock does not start ticking until the biometric is completed at the Application Service Centers. Moreover, even though the USCIS enacted a regulation, multiple-year EAD issuance may turn out to be a dead regulation because of the security issues. People should be prepared for such upcoming changes.