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Columbus Ohio Immigration Lawyer on USCIS Increase of Filing Fees - Tell USCIS: You Do Not Deserve A Pay Raise!

June 10, 2010

Dreamstime Does the USCIS need a performance review before we can approve its increase in filing fees? Tell the USCIS: “You have shown poor performance and hence you do not deserve a pay increase!”

The USCIS announced in the Federal Register yesterday that it plans to increase the filing fees by approximately 10%. This measure, the USCIS states, is necessary to bridge the gap between operational cost the USCIS has faced during the past two years and revenues generated by the filing fees. The statement also says that 90% of USCIS’s income comes from filing fees and that the remaining 10% is generated through Congressional funding.

I cannot help but to stop and scratch my head as I read the USCIS’s announcement. I believe it is only fair to ask the USCIS officials to sit down and discuss their performance during the past two years and to find out whether there is another alternative to increase USCIS’ revenues short of increasing the filing fee. It would appear to be a reasonable thing to do with anyone you do business with. In other words, when you have a business relationship with another individual, and they come to you and say: “I need more money,” that you would want to know why. Why is this person now asking you to pay them more money? Is it because of their cost has increased? Or is it because you are not paying them “enough money?” If you are not paying them the same amount of money that you used to pay them in the past which has caused them to experience economic hardship then it would follow that perhaps their performance was lacking. Or perhaps you did not need their services as much as you did in the past.

I am trying to perform a logical analysis to the fact that the USCIS is experiencing a significant loss of revenues. Could it be because the USCIS’s recent arbitrary and frequent denial of petitions for highly skilled workers who could energize the economy that is causing a chilling effect on businesses to such international skilled labor? Could it be the USCIS’ unreasonable issuance of requests for evidence and the seemingly deliberate pursuit of driving small businesses who employ international skilled workers out of business that is causing the loss in filing fee revenues? Or could it possibly be the USCIS’ incredible adjudication delays and denials of immigrant petitions filed by scientists and companies that may be discouraging others from seeking immigration to the United States that has caused the drop in petitions, and hencevenues?

There can be no doubt that the USCIS’ has recently and significantly departed from administering the immigration laws in a manner that is consistent with long-standing statutory interpretations and has literally gone down a path that it created on its own. The USCIS’ departure comes at a time when the United States needs help the most. Recovering from the US recession could be accomplished by increasing the world’s confidence in our economic system. America needs international investors, scientists, innovators to help lift it out stagnancy into economic mobility. Many studies have shown that there is a direct correlation between the presence of highly skilled workers and United States and innovation. Innovation leads to jobs. Jobs lead to economic mobility. Economic mobility leads to liquidity which will help recovery from recession.

Hence when the USCIS comes to us asking for more money, we must tell it a big fat “no.” You have not, USCIS, done your job in the last two years. If you want more money USCIS you will have to return back to more reasonable stance on immigration; get rid of the Neufeld memo; do not cause small businesses to run to bankruptcy court; issue more reasonable adjudication posture towards EB-1, EB-2, and those of visa categories which will lead to the injection of additional capital in the US economy. Once you do those things USCIS you will not need to increase the filing fees, because of the worlds will want to come back to America. When the world decides to return to America they will not only invest in to America but they will also pay you USCIS to help them settle in the United States. You do not deserve to receive a pay raise USCIS!

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