USCIS sometimes does the right thing, and when that happens, this blog, often critical of the agency, should acknowledge such decisions.
In this case, USCIS decided to reject a proposal by the USCIS Ombudsman's Office that USCIS ride to the rescue of incompetent employers seeking quick decisions to hire foreign workers, which was discussed in a prior blog.
The USCIS Ombudsman's Office, set up by law as part of the Office of the Secretary of DHS, regularly issues suggestions to USCIS on things it ought to do; routinely these notions tilt toward making it easier for an alien to get a benefit, or a would-be employer of an alien to get a quick, positive response to a request for a foreign worker. I suppose it could happen, but I have never seen an Ombudsman's Office suggestion on how to more effectively enforce immigration law.
In this instance, the Ombudsman noticed that when employers send only one copy of an application when they are supposed to send two, sometimes the agency did not say "yes" quickly enough to the employer. So it suggested that when a single application appeared the agency, at taxpayer expense, should make the necessary copies of the paperwork.
My sense is that if an employer wants to be excused from dealing with the American labor market, the least he should do is to follow the instructions and pay the fees; and if he did not do both, the application should be returned with a curt note. He might find it easier to actually hire an American worker!
Well, USCIS agreed with me on this one, but for different, and lesser reasons. It said it would not copy the single forms because it would be too expensive (right!) and the practice might encourage employers to send only one copy (right, too!). The agency, typically, did not deal with whether employers — including sloppy ones — should be given even more access to overseas workers with tens of millions of American residents out of work.
The USCIS response to the original recommendation, signed by USCIS Deputy Director Lori Scialabba, can be seen here.
A tiny move on the part of USCIS, but in the right direction.
