Visa Application Receipt Notice - Updates & Information

Navigating Immigration Delays at Tech Companies: A "Dear Sophie" Response

This is another installment of “Dear Sophie,” a column dedicated to addressing immigration questions relevant to the technology sector.

Sophie Alcorn, a Silicon Valley immigration lawyer, emphasizes the importance of these inquiries. She states that these questions are crucial for disseminating knowledge, empowering individuals globally to overcome geographical limitations and achieve their aspirations.

Whether you are involved in people operations, are a company founder, or are actively seeking employment in Silicon Valley, your questions are welcome for consideration in the next column.

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Dear Sophie,

Our company has several employees currently working under various work visas and employment authorizations. A significant number of these individuals have experienced prolonged waiting periods for acknowledgement of receipt of their applications from the government.

What is the cause of these delays? When can we anticipate a return to normal processing times? We have employees awaiting green card approvals, as well as F-1 visa holders preparing to extend their Optional Practical Training (OPT) to STEM OPT.

Are there any proactive steps we can take to address this situation?

— Patient in Pasadena

Dear Patient,

Thank you for submitting your questions. Last September, a surge in applications to U.S. Citizenship and Immigration Services (USCIS), coupled with staffing reductions related to the COVID-19 pandemic, resulted in a considerable backlog.

This backlog, in turn, caused significant delays in USCIS issuing receipt notices.

A recent podcast featuring my law firm partner, Anita Koumriqian, and myself, provided a detailed update on the status of receipt notices. Previously, dedicating an entire podcast episode to this topic would have been unnecessary.

Applicants typically received these notices within one to three weeks of USCIS receiving their application.

USCIS issues a receipt notice – also known as a Notice of Action or Form I-797 – to confirm application receipt. This notice contains vital information, including:

• Confirmation of whether the application was accepted for processing or rejected due to improper filing, such as using an outdated form or omitting required information.
• A unique receipt number, enabling case status tracking online or via phone.
• The application receipt date, which serves as the priority date for most green card applications.

For EB-2 and EB-3 green cards, the priority date corresponds to when the Labor Department received the PERM Labor Certification application. This date determines an applicant’s position in the queue for a green card number, based on the green card category and the applicant’s country of origin.

Understanding the Delays in USCIS Application Processing

Historically, applicants could expect to receive acknowledgement of their application within a month of USCIS receipt. Presently, however, the timeframe for receiving a receipt notice has extended to eight or even nine weeks, and in some instances, even longer.

As previously noted, reductions in USCIS staffing due to the coronavirus pandemic, combined with a significant increase in application volume, initiated substantial processing delays starting in September.

This surge in submissions was largely driven by two key factors:

• Expectations of fee increases that were scheduled for October 2, 2020, but were subsequently halted by a federal court ruling.
• Accelerated progress in the monthly Visa Bulletin for specific green card classifications, resulting in the availability of more green card numbers for those awaiting approval.

USCIS has been actively working to address the backlog of receipt notices since the autumn months. Unfortunately, a definitive timeline for a return to the pre-delay processing time of under 30 days remains unavailable.

The agency continues to evaluate and adjust its procedures to improve efficiency.

Addressing USCIS Processing Delays

Despite potential postponements, the United States Citizenship and Immigration Services (USCIS) consistently issues receipt notifications reflecting the initial filing date of applications. It’s advisable to verify whether the check submitted for application fees has been processed by USCIS. Confirmation of check cashing indicates receipt of the application, and the receipt number is typically printed on the cashed check for status inquiries.

For organizations preparing to submit new applications to USCIS, incorporating an E-Notification of Application/Petition Acceptance (Form G-1145) is recommended. This enables receipt of email or text alerts confirming USCIS acceptance of the submitted application.

Common Application Rejection Reasons

The American Immigration Lawyers Association (AILA) has documented numerous reports of application denials stemming from seemingly minor issues, such as:

• An unchecked box on the form.
• Omission of all required pages of a form.
• An unsigned application form.
• Incorrect remittance of the application fee.

However, AILA emphasizes that, in many instances, applications and fees were, in fact, submitted correctly. Should you receive a rejection notice, seeking counsel from an immigration lawyer to explore available options is prudent. USCIS generally permits refiling applications with corrected errors or fee amounts.

It’s important to note that for individuals pursuing green cards, the priority date will be established based on the receipt of the second application, should a refiling be necessary.

Certain employees, including those holding H-1B visas, maintain valid status while an extension petition is pending and can continue employment. Conversely, employers awaiting employment authorization for employees – for example, F-1 students extending their Optional Practical Training (OPT) to STEM OPT – may unfortunately need to place those employees on unpaid leave if their Employment Authorization Document (EAD) has expired, pending receipt of the new notice. Legal consultation is crucial in these situations.

Significant Delays in Form Processing

AILA reports substantial delays affecting both the issuance of receipt notices and the adjudication of Application for Employment Authorization (Form I-765) and Application for Travel Document (Form I-131). Previously, average processing times ranged from 90 days to six months; currently, these processes can take eight to nine months, according to AILA.

Should receipt notice or employment authorization delays become excessively prolonged, refrain from resubmitting the application to USCIS. This could exacerbate system congestion and introduce confusion regarding the case.

I strongly suggest collaborating with an immigration attorney to discuss potential strategies, such as contacting USCIS directly or requesting a case review from the Office of the Citizenship and Immigration Services Ombudsman (CIS ombudsman). A case review can be initiated if a case remains inactive for over 90 days. If this review yields no progress, your attorney may advise contacting your senator or congressional representative for assistance.

Remain patient and seek support as needed during this time.

Best regards,

Sophie

Do you have a question for Sophie? Submit it here. We reserve the right to edit submissions for clarity and brevity.

Please remember that the information provided in “Dear Sophie” is for general informational purposes only and does not constitute legal advice. For details regarding the limitations of “Dear Sophie,” please refer to our complete disclaimer. You can reach Sophie directly through Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is accessible on all popular podcast platforms. She is currently accepting applications for potential guests!