[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] POLICY CHANGES AND PROCESSING DELAYS AT U.S. CITIZENSHIP AND IMMIGRATION SERVICES ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON IMMIGRATION AND CITIZENSHIP OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION ---------- TUESDAY, JULY 16, 2019 ---------- Serial No. 116-38 ---------- Printed for the use of the Committee on the Judiciary [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via: http://judiciary.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 40-774 WASHINGTON : 2021 ----------------------------------------------------------------------------------- COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chair MARY GAY SCANLON, Pennsylvania, Vice-Chair ZOE LOFGREN, California DOUG COLLINS, Georgia, Ranking SHEILA JACKSON LEE, Texas Member STEVE COHEN, Tennessee F. JAMES SENSENBRENNER, Jr., HENRY C. ``HANK'' JOHNSON, Jr., Wisconsin Georgia STEVE CHABOT, Ohio THEODORE E. DEUTCH, Florida LOUIE GOHMERT, Texas KAREN BASS, California JIM JORDAN, Ohio CEDRIC L. RICHMOND, Louisiana KEN BUCK, Colorado HAKEEM S. JEFFRIES, New York JOHN RATCLIFFE, Texas DAVID N. CICILLINE, Rhode Island MARTHA ROBY, Alabama ERIC SWALWELL, California MATT GAETZ, Florida TED LIEU, California MIKE JOHNSON, Louisiana JAMIE RASKIN, Maryland ANDY BIGGS, Arizona PRAMILA JAYAPAL, Washington TOM McCLINTOCK, California VAL BUTLER DEMINGS, Florida DEBBIE LESKO, Arizona J. LUIS CORREA, California GUY RESCHENTHALER, Pennsylvania SYLVIA R. GARCIA, Texas BEN CLINE, Virginia JOE NEGUSE, Colorado KELLY ARMSTRONG, North Dakota LUCY McBATH, Georgia W. GREGORY STEUBE, Florida GREG STANTON, Arizona MADELEINE DEAN, Pennsylvania DEBBIE MUCARSEL-POWELL, Florida VERONICA ESCOBAR, Texas PERRY APELBAUM, Majority Staff Director & Chief of Staff CHRIS HIXON, Minority Staff Director ------ SUBCOMMITTEE ON IMMIGRATION AND CITIZENSHIP ZOE LOFGREN, California, Chair PRAMILA JAYAPAL, Washington, Vice-Chair J. LUIS CORREA, California KEN BUCK, Colorado, Ranking Member SYLVIA R. GARCIA, Texas ANDY BIGGS, Arizona JOE NEGUSE, Colorado TOM McCLINTOCK, California DEBBIE MUCARSEL-POWELL, Florida DEBBIE LESKO, Arizona VERONICA ESCOBAR, Texas KELLY ARMSTRONG, North Dakota SHEILA JACKSON LEE, Texas W. GREGORY STEUBE, Florida MARY GAY SCANLON, Pennsylvania DAVID SHAHOULIAN, Chief Counsel ANDREA LOVING, Minority Counsel C O N T E N T S ---------- Tuesday, July 16, 2019 Page OPENING STATEMENTS The Honorable Zoe Lofgren, Chair of the Subcommittee on Immigration and Citizenship from the State of California....... 1 The Honorable Ken Buck, Ranking Member of the Subcommittee on Immigration and Citizenship from the State of Colorado......... 3 The Honorable Jerrold Nadler, Chair of the Committee on the Judiciary from the State of New York........................... 4 WITNESSES Panel One Mr. Donald Neufeld, Associate Director, Service Center Operations Directorate, U.S. Citizenship and Immigration Services Oral Testimony................................................. 6 Mr. Michael Valverde, Deputy Associate Director, Field Operations Directorate, U.S. Citizenship and Immigration Services Oral Testimony................................................. 8 Mr. Michael Hoefer, Chief, Office of Performance and Quality, Management Directorate, U.S Citizenship and Immigration Services Oral Testimony................................................. 9 Prepared Joint Written Statement of Donald Neufeld, Michael Valverde, and Michael Hoefer, U.S. Citizenship and Immigration Services Witnesses............................................. 12 Panel Two Ms. Marketa Lindt, President, American Immigration Lawyers Association Oral Testimony................................................. 152 Prepared Statement............................................. 155 Ms. Jill Marie Bussey, Director of Advocacy, Catholic Legal Immigration Network, Inc. Oral Testimony................................................. 167 Prepared Statement............................................. 169 Mr. Eric Cohen, Executive Director, Immigrant Legal Resource Center Oral Testimony................................................. 187 Prepared Statement............................................. 189 Ms. Jessica Vaughan, Director of Policy Studies, Center for Immigration Studies Oral Testimony................................................. 206 Prepared Statement............................................. 208 LETTERS, STATEMENTS, ETC. SUBMITTED FOR THE HEARING Prepared statement of the United States Chamber of Commerce and the Information Technology Industry Council, Submitted by the Honorable Zoe Lofgren, Chair of the Subcommittee on Immigration and Citizenship from the State of California, and the Honorable Ken Buck, Ranking Member of the Subcommittee on Immigration and Citizenship from the State of Colorado for the record.......... 52 Prepared statements from submitted by the Honorable Zoe Lofgren, Chair of the Subcommittee on Immigration and Citizenship from the State of California for the record American Council on Education................................ 48 The American Immigration Council............................. 50 ASISTA and the Asian Pacific Institute on Gender-Based Violence................................................... 52 The Association of American Universities..................... 56 Boundless Immigration........................................ 59 Church World Service......................................... 108 The Compete American Coalition............................... 109 FWD.us....................................................... 119 Her Justice.................................................. 125 Report from Invest In the USA (IIUSA)........................ 128 The National Immigration Forum............................... 139 UnidosUS and the National Partnership for New Americans...... 143 The Tahirih Justice Center (Tahirih)......................... 148 APPENDIX Prepared Statement of the Honorable Sheila Jackson Lee, a Member of the Committee on the Judiciary from the Stateof Texas for the record..................................................... 220 Articles submitted by Jill Marie Bussey, Director of Advocacy, Catholic Legal Immigration Network, Inc. for the record Catholic Legal Immigration Network, Inc., article entitled, ``The Human Impact of USCIS Case Processing Delays''....... 225 Catholic Legal Immigration Network, Inc., article entitled, ``New rules on employment authorization documents''........ 227 Catholic Legal Immigration Network, Inc., public comment to USCIS regarding the USCIS Policy Manual revisions at Volume 1, Part A.................................................. 229 Catholic Legal Immigration Network, Inc., entitled, ``Policy Brief: USCIS Processing Delays and the Resulting Consequences to TPS Holders and their Families''........... 235 Catholic Legal Immigration Network, Inc., letter to former USCIS Director Francis Cissna regarding ``Haitian, Salvadoran, and Syrian TPS Processing Delays and Automatic Work Authorization Extensions,'' dated October 26, 2018.... 241 Catholic Legal Immigration Network, Inc., letter to former Secretary of Homeland Security Kirstjen Nielsen and former USCIS Director Francis Cissna regarding ``Legal Issues with Notices of Continued Evidence of Work Authorization for TPS,'' dated November 28, 2018............................. 246 Catholic Legal Immigration Network, Inc., letter to former Secretary of Homeland Security Kirstjen Nielsen and former USCIS Director Francis Cissna regarding ``Ongoing Temporary Protected Status Federal Register Notice Delays; Recommendations for Forthcoming Liberia Deferred Enforced Departure Federal Register Notice,'' dated April 2, 2019... 255 Catholic Legal Immigration Network, Inc., letter to former USCIS Director Francis Cissna regarding ``CLINIC Recommendations Regarding USCIS' Improper Rejections of Employment Authorization Applications Filed by Liberian DED Holders,'' dated May 16, 2019.............................. 258 Catholic Legal Immigration Network, Inc., article entitled, ``Top Immigration Issues Affecting Religious Workers: Here Is What We Know So Far''................................... 261 Prepared statements submitted by the Honorable Zoe Lofgren, Chair of the Subcommittee on Immigration and Citizenship from the State of California for the record Asian Americans Advancing Justice (AAJC)..................... 263 Coalition for Humane Immigrant Rights (CHIRLA)............... 271 NAFSA: Association of International Educators................ 274 National Association of Latino Elected and Appointed Officials Educational Fund (NALEO)......................... 277 National Immigration Law Center (NILC)....................... 288 Statement from 76 National, Regional, State, and Local Advocacy Organizations for immigrant survivors of domestic violence, sexual assault, and human trafficking............ 291 The University of California, Los Angeles, Dashew Center for International Students and Scholars........................ 297 Torture Abolition and Survivors Support Coalition (TASSC).... 300 David Spencer Cooper, Immigration Attorney, Department of Justice Accredited Representative.......................... 302 QUESTIONS AND ANSWERS FOR THE RECORD Questions for the Record for Mr. Donald Neufeld, Mr. Michael Valverde, and Mr. Michael Hoefer, submitted by the Honorable Zoe Lofgren, a Member of Congress, Chair of the Subcommittee on Immigration and Citizenship from the State of California for the record..................................................... 308 Responses to Questions for the Record from U.S. Citizenship and Immigration Services to Zoe Lofgen, Chair of the Subcommittee on Immigration and Citizenship, from the State of California... 361 POLICY CHANGES AND PROCESSING DELAYS. AT U.S. CITIZENSHIP AND IMMIGRATION SERVICES ---------- Tuesday, July 16, 2019 House of Representatives Subcommittee on Immigration and Citizenship Committee on the Judiciary Washington, DC The Subcommittee met, pursuant to call, at 12:07 p.m., in Room 2237, Rayburn House Office Building, Hon. Zoe Lofgren [Chair of the Subcommittee] presiding. Present: Representatives Lofgren, Nadler, Jayapal, Correa, Garcia, Neguse, Mucarsel-Powell, Escobar, Jackson Lee, Scanlon, Buck, McClintock, Lesko, Armstrong, and Steube. Staff Present: Betsy Lawrence, Counsel; Ami Shaw, Counsel; Rachel Calanni, Professional Staff Member; Andrea Loving, Minority Counsel; and Andrea Woodard, Minority Professional Staff Member. Ms. Lofgren. So, we are here today--the Subcommittee on Immigration and Citizenship is in order, and we are here today to explore an aspect of our immigration system that generally receives far less attention than ICE community raids, migration flow from Central America, mistreatment of families at the border. Although these are very serious issues that this Subcommittee will continue to examine, the current situation at USCIS must not be overlooked. Record high case backlogs and policy changes that make it harder to obtain immigration benefits are extremely important matters that deserve careful attention. These are profound problems that have a direct impact on countless individuals, families, students, business, and other entities, such as hospitals and research institutions. I am sure that others on this Subcommittee will agree when I say that we hear about these issues from constituents on an almost daily basis. Although USCIS has struggled with processing delays and backlogs since its creation, the agency reports that the current net backlog, as of April 2019, stands at more than 2.4 million cases. This represents an incredible 344 percent increase from the net backlog of cases in 2014. It is the largest net backlog since 2003, when adjudications ground to a halt in the aftermath of the 9/11 terrorist attacks. Backlogs and processing delays create real-life problems for people trying to navigate our complex immigration system. Imagine a domestic violence survivor unable to escape her abuser because her request for protection has languished for months. A startup company abandoning a key project that will lead to substantial job creation because it is unable to get a visa for a specialty engineer. Families that remain separated for months longer than necessary because of delays associated with enhanced vetting. This hearing will provide an opportunity to dig deeper into these stories and examine how USCIS processing delays impact everyday people. We will also explore with our first panel of witnesses what is causing these delays and how USCIS plans to bring processing times back down to reasonable levels. Although USCIS has attributed the backlog to increased filings, staffing issues, resource shortages, and other operational factors, there is clearly another driver. New policy and procedural changes implemented by the current Administration are substantially changing the way immigration benefit requests are adjudicated. Since President Trump's inauguration, the Administration has eradicated a number of what I think are common sense policies that have for years helped streamline processing in favor of new policies that add bureaucratic red tape and divert resources by adding new burdens on adjudicators. Based on USCIS published data, it appears that these new policies have also increased the odds of receiving a denial. And when denials are appealed and overturned, that means more delay and more red tape, but without good reason. Processing delays and policy changes are making it more difficult than ever for qualified applicants to get immigration status. This difficulty keeps many individuals from being fully productive Members of our society and our economy that they would otherwise be. Others may be reluctant to do things that ultimately benefit our country out of fear of interacting with the Administration. I look forward to today's testimony so that we can better understand the purpose and intent of recent policy changes, as well as their impact on the development of immigration case backlogs. My hope is that with today's hearing, we not only hear about how these problems can be addressed with appropriate administrative solutions, but that we also determine whether legislative fixes are necessary. I would turn now to the Ranking Member, Mr. Buck, for his opening statement. Mr. Buck. I thank the chair. I appreciate the chair holding this hearing to examine USCIS adjudication wait times and policy changes. This Subcommittee has an important oversight responsibility, and adjudication wait times falls squarely within the kinds of issues we should watch. That said, I wish I had heard the same concerns and outrage from my colleagues when President Obama's DACA program resulted in long adjudication wait times for immediate relative green card applications, among other immigration benefits. Even the New York Times took notice of the increase in adjudication times. A February 8, 2014, article by Julia Preston stated, ``Many thousands of Americans seeking green cards for foreign spouses or other immediate relatives have been separated from them for a year or more because of swelling bureaucratic delays at a Federal Immigration Agency in recent months. The long waits came when the agency, Citizenship and Immigration Services, shifted attention and resources to a program President Obama started in 2012 to give deportation deferrals to young, undocumented immigrants, according to Administration officials and official data.'' I don't recall any concerns raised about what the backlogs would look like when my colleagues were marking up or passing H.R. 6, the bill that would have required USCIS to process millions and millions of green card and naturalization applications, whether or not the alien was ultimately granted such status. The volume of immigration benefits requests received by USCIS varies. According to the Department of Homeland Security, in any given year USCIS administers a broad range of programs, through which it receives millions of immigration benefit applications and petitions. In fiscal year 2018 alone, more than 8 million immigration benefits were requested, and that was actually a decrease from the 9 million requested during fiscal year 2017. Despite the huge volume of receipts in the last few years, USCIS still managed to naturalize nearly 757,000 new U.S. citizens during fiscal year 2018, more than in any of the previous 5 years. Fiscal year 2018 also saw USCIS adjudicate more immigration benefits than ever in its history. They should be commended for those accomplishments. To be clear, immigration benefits should be promptly adjudicated. Everyone here would agree with that. It is important that USCIS abide by its mission to efficiently and fairly adjudicate requests for immigration benefits, but it is also important for the agency to adhere to the rest of its mission, to administer the Nation's lawful immigration system, safeguarding its integrity and promise while protecting Americans, securing the homeland, and honoring our values. Immigration benefits should not be delayed for nefarious purposes, nor should they be rubberstamped, as we have seen happen during other Administrations. As we have seen, many factors contribute to the volume of benefit requests and, thus, the time it takes to adjudicate them. So, what kind of factors contribute to increased volume? Historically, presidential elections have led to increases in naturalization applications. Those who want to vote apply for naturalization right before the election. An Administration action can increase the volume, too. As I noted, the DACA program to date has added 2.4 million adjudications to USCIS's workload. Of course, even Congress can add to the volume. When we create a new immigration benefit or push the increased numbers in a given category, that also adds to USCIS's workload. Unfortunately, USCIS seems to be inherently behind the curve, given that its staffing ability is dictated by agency funding, and funding is dependent on less than flexible fee rules. There is no doubt that USCIS should remain a fee-funded agency. U.S. taxpayers should not bear the burden of paying for immigration benefits for foreign nationals. I look forward to hearing from the USCIS today any ideas the agency has for ensuring a fee Rule and other procedures that allow flexibility to increase and decrease staff with the rise and fall of receipt volume. With regard to recent policy changes at USCIS about which the majority and some of their witnesses are raising concerns, again, ensuring the integrity of our immigration system is paramount. That should be balanced with reasonable policies and procedures. Recently, USCIS instituted a sensible change in policy to end the practice of filing an application containing little, if any, evidence of eligibility just to reserve a place in the adjudication line. This imposes an additional burden on USCIS and adds to the backlog. It is also important that adjudicators have the ability to issue Notices to Appear to protect national security and prevent fraud. I look forward to the witnesses' testimony to get a true understanding of the adjudication backlog and the factors contributing to it. I thank the chair and yield back. Ms. Lofgren. The gentleman yields back. I recognize the Chair of the full committee, Mr. Nadler, for his opening statement. Chair Nadler. I thank the chair. Today's hearing examines a critically significant issue, policy changes and processing delays at U.S. Citizenship and Immigration Services, or USCIS. It is important to remember that the immigration debate in this country does not start and stop at the Southern border. Although the Trump Administration has focused most of its attention on curbing the rights of asylum seekers and threatening mass enforcement sweeps, the legal immigration system is not immune from dramatic policy changes as well, changes that have significantly diminished the ability of individuals to enter and to remain in the United States legally. Most of the policy changes that have been implemented by the Administration appear to be intended to make adjudications more complicated and, therefore, more time consuming and more difficult for individuals to obtain legal status in this country. From my perspective, these policy changes seem to fix things that were not broken to begin with and only serve to create unnecessary obstacles to legal immigration. For example, last August, USCIS suddenly announced that it would impose harsh penalties on non-immigrant students who violate their status, even if the violation was not knowing or intentional, was based on a technical error, or was de minimis. Thankfully, the court stepped in, and this policy is now on hold. Another example is USCIS's determination without any justification of its longstanding policy of waiving the in- person interview requirement for employment-based green card applicants. Most of these individuals have been in the United States for years on temporary visas and have been screened and vetted repeatedly. Waiving the interview, therefore, except in cases where fraud is suspected or there is some other issue, was a smart way to make the process more efficient. Now, interviews are mandatory for everyone, and backlogs are growing exponentially. Let us not forget the public charge rule, which would dramatically heighten the standard for determining whether a person is likely to be reliant on public services and is, therefore, ineligible for a visa or green card. Basic services like Medicaid, SNAP, and section 8 rental housing assistance that millions of working Americans use to supplement their income would suddenly render someone ineligible. Although the Rule has not been finalized yet, it will likely be finalized soon. Setting aside the fact that it is clearly unlawful and morally repugnant, if finalized as proposed, there is no doubt that this Rule will make immigration adjudications infinitely more complex. As predictions as to whether people with working permits will need, at some point, to avail themselves of Medicaid or SNAP or section 8 rental housing assistance, it has now become necessary for these determinations on a predictive basis. Over the past few years, we have seen significant increases in processing delays and case backlogs at the USCIS. The backlog of citizenship applications nearly doubled from 360,000--I am sorry, from 367,000 in late 2015 to about 740,000 in September 2018. In my district, most applicants for citizenship now must wait at least a year for their application to be processed, and sometimes even 2 years. USCIS has said that increased receipts, staffing issues, resource shortages, and other operational factors have led to the current net backlog of 2.4 million cases. As of the end of fiscal year 2018, it appears that processing times for most applications and petitions equaled or exceeded near record-long averages. It does not stop with processing delays. Denials of immigration benefit requests, such as citizenship, permanent residence, and work permits, are also on the rise. New policies, longer delays, and increasing denials have only added to the palpable fear, confusion, and uncertainty that permeates immigrant communities. I look forward to hearing from our USCIS witnesses about how the agency plans to bring processing times back down to reasonable levels and from our nongovernment witnesses about how USCIS policy change and case delays impact individuals and businesses alike. I thank the Chair, Ms. Lofgren, for her leadership on this issue and for holding this important hearing. I yield back the balance of my time. Ms. Lofgren. The gentleman yields back, and the Ranking Member of the full Committee will be invited to submit his statement for the record unless he is able to attend, which I think he has another obligation. So, now we will introduce our first panel. There will be two panels of witnesses for today's hearing. The first panel includes three witnesses from U.S. Citizenship and Immigration Services. This panel will be followed by a panel of witnesses from nongovernmental organizations. I will now introduce the first panel of witnesses. Don Neufeld is the Associate Director of the Service Center Operations Directorate of USCIS, where he oversees the activities of the five remote processing centers throughout the country that adjudicate the bulk of immigration benefit requests. He has worked for more than two decades at USCIS and the former Immigration Nationality Service, holding various leadership positions throughout the years. Mr. Neufeld has testified before this Committee once before, in 2011 for a hearing on H-1B visas, and we welcome him back to the Subcommittee today, looking forward to his testimony. Michael Valverde is Deputy Associate Director of USCIS Field Operations Directorate, which oversees the operations of the National Benefits Center and the domestic field offices, which primarily handle applications that require in-person interviews, such as green card and naturalization applications. He has two decades of experience with USCIS and the former INS. He served as Performance Management and Planning Chief for the USCIS's Refugee Asylum and International Operations Directorate and Deputy Chief of USCIS's Refugee Affairs Division, and we thank him for taking the time to share his expertise with us today. Finally, Michael Hoefer is the Chief of the Office of Performance Quality at USCIS. The office provides data and operational analysis to various governmental agencies and to Congress to oversee the efficiency of USCIS operations. Mr. Hoefer previously served as Director of DHS's Office of Immigration Statistics, and it was in that capacity that he appeared before this Subcommittee in 2007 to testify on the topic of comprehensive immigration reform. We welcome him back to the Committee and look forward to his testimony. So, at this point, I would ask you all to rise, raise your right hand, and we will swear you in. Do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct, to the best of your knowledge, information, and belief, so help you God? [Response.] Ms. Lofgren. Thank you. Let it be shown that all the witnesses replied in the affirmative. Please be seated, and we will note that each one of your written statements will be made part of the official record. We ask that your testimony be about 5 minutes. When you have got 1 minute left, the yellow light will go on, and it is red when your 5 minutes are up. So, we begin with you, Mr. Neufeld. TESTIMONY OF DONALD NEUFELD Mr. Neufeld. Chairwoman Lofgren, Ranking Member Buck, distinguished Members of the subcommittee, thank you for this opportunity to discuss our agency, USCIS, better known as-- Ms. Lofgren. Would you pull the microphone a little bit closer? Mr. Neufeld. Can you hear me? Ms. Lofgren. Much better. Thank you. Mr. Neufeld. Okay, great. Thank you for this opportunity to discuss our agency, U.S. Citizenship and Immigration Services, and the challenges we face in administering the Nation's legal immigration system. I am Don Neufeld, Associate Director of the Service Center Operations Directorate. I have served in this capacity since 2010. My career with USCIS, and the Immigration and Naturalization Service before that, dates back to 1983. Service Center Operations employs approximately 7,300 employees and contractors at 5 service centers across the country and at headquarters. To give you an idea of the volume of our work, in fiscal year 2018, Service Center Operations processed approximately 5.5 million applications and petitions. That figure represents 66 percent of the total USCIS adjudications output. Our work generally focuses on applications and petitions that do not require face-to-face interviews. These include employment-based and family-based petitions, applications for employment authorization, applications and petitions for certain humanitarian benefits, and applications for advance parole and travel permits. Service Center Operations seeks to maximize process efficiencies and use technology to provide timely and high- quality services for applicants and petitioners, all without sacrificing the integrity or security of our Nation's immigration system. We strive to maintain reasonable processing times and establish goals to measure our success. We are aware of the consequences for applicants and petitioners when we are unable to meet expectations. Indeed, your staff informs us when we are missing our processing time goals, and they share individual stories of how delays affect businesses and individuals. As we have detailed in our written testimony, there are a number of factors that drive backlogs. At Service Center Operations, spikes in receipts are one major factor. Other factors include statutory changes, unanticipated or irregular workload demands, workloads related to new immigration programs or humanitarian crises, application spikes related to fee increases, and staffing shortages. Some specific events that have contributed to the current backlog include the spike in receipts prior to the 2016 fee rule, the addition of temporary protected status for five countries, and growth in petitions for victims of certain qualifying criminal activity. We should note we generally expect increased receipts prior to a fee Rule and in advance of the Presidential election. Following the 2016 fee increase and the 2016 presidential election, the anticipated decrease in receipts did not follow. While we do our best to anticipate short- and long-term demands, we simply cannot predict everything that will affect our workload. Even when history tells us that something will happen, it doesn't always play out the way we think. Our current backlogs are largely the product of a sustained demand for immigration benefits, coupled with staffing shortages. The good news is that we believe the demand has, for the time being at least, stabilized. As we continue to bring new staff onboard, we will be able to better manage and reduce the backlog. In Service Center Operations, we can adjust workloads between service centers when excess work exists in one service center and capacity and expertise exists at another service center. In the future, as we realize the efficiencies of fee processing, we will be able to do this in a paperless environment, saving time and money. We are also identifying administrative processes that can be moved from an adjudicator's desk to administrative or contract staff. In closing, we are committed to reducing processing times and offering superior-quality services while administering our Nation's legal immigration system efficiently, securely, and fairly. Thank you once again for your interest in our agency and mission. I look forward to any questions you might have. Ms. Lofgren. Thank you very much. Mr. Valverde, we would be pleased to hear from you. TESTIMONY OF MICHAEL VALVERDE Mr. Valverde. Chairwoman Lofgren, Ranking Member Buck, distinguished Members of the subcommittee, thank you for this opportunity to discuss the workload challenges we face at USCIS. My name is Michael Valverde, and I am the Deputy Associate Director for Field Operations at USCIS. I have served in this capacity since 2015. My career with USCIS, and the Immigration and Naturalization Service before that, dates back to 1997. I am proud to represent more than 7,000 field operation employees across the Nation who each day come to one of our 88 field offices, 24 district offices, 4 regional offices, the National Benefits Center, and the Immigrant Investor Program Office with the singular purpose of administering the Nation's legal immigration program fairly, efficiently, and with the utmost integrity. The Field Operations workload largely consists of the adjudication of non-asylum applications and petitions that require face-to-face interviews and other on- the-groundwork, including site visits. Most significantly, adjustment of status and nationalization case work occurs at field offices. In fiscal year 2018, USCIS naturalized 757,000 new citizens, a 5-year high, at the same time we completed more than 640 applications for adjustment of status, also at many years' high. Unfortunately, backlogs are not new to USCIS. Internal and external factors have affected pending workloads across the life of the agency. Indeed, at the time it was established in 2002, as the chairwoman noted, USCIS inherited a backlog of cases. That backlog largely resulted from delays in background checks and security checks that were implemented following the attacks of September 11, 2001. Since that time, a number of factors have affected our processing times and our ability to meet workload challenges timely. Today, many factors have resulted in lengthy processing times. Significantly increased receipts over the past several years have outpaced our ability to process the work. Other factors, such as statutory changes, citizenship drives, and the implementation of new procedural requirements, such as security checks, new immigration programs, and policy changes, have impacted our processes and processing times. USCIS does its best to apply lessons learned from historical workload fluctuations, and I believe we do well at it. Sometimes, however, all these factors can stress our ability to complete our work as quickly as we would like it. Are we satisfied that applicants wait as long as they do for decisions on their requests? No, we are not. So, what are we doing to shorten the time it takes for applicants to get their decisions? We are taking advantage of the resources we have. We are hiring to increase capacity. Field Operations has had an onboard percentage in the high 90s for several years running. We are evaluating key processes and procedures to maximize process integrity and minimize waste. We are taking advantage of electronic age tools to increase accuracy and efficiency. As just one example of these approaches, we recently implemented a program we call Information Services Modernization. This program is designed to free up a significant amount of Field Operations staff time to handle their core adjudicative activities and interviews rather than providing information in person, which we believe the data are showing can be done more correctly and faster via other means. Detailed in our written testimony are other efficiency initiatives and process reforms. These include reintroducing performance metrics for our field offices, leveraging electronic processing and automation, developing innovative scheduling methods, and finding new approaches to staffing and workplace management. We are seeing results from this work. In fiscal year 2018, the staff of Field Operations produced more case completions and at a greater efficiency per officer than in prior years. We believe we are doing our work responsibly. In this fiscal year, we are doing a significant amount of more fraud work than other years by a significant percentage, all while keeping production of case completions up. Finally, in this fiscal year, due to our operational reforms and decreasing receipts, we have seen processing times for both citizenship and adjustment of status begin to lessen. While USCIS has too often struggled with lengthy processing times, I am confident that we have the imagination and the determination to address this latest backlog and to do so responsibly. As I expect my colleagues would agree, no solution will be immediate and comprehensive. I do think that we will continue to see improvements in processing times, backlog elimination, and backlog prevention. Thank you once more for your interest in this important matter, and I will be happy to answer any questions you may have. Ms. Lofgren. Thank you very much. We will now go to the Members of the Subcommittee for their questions. Oh, I am sorry, Mr. Hoefer, I do want to hear from you. [Laughter.] Ms. Lofgren. That was an oversight. Please forgive me. TESTIMONY OF MICHAEL HOEFER Mr. Hoefer. Chair Lofgren, Ranking Member Buck, distinguished Members of the subcommittee, thank you for your invitation to address the Subcommittee and the opportunity to discuss the workload challenges we face at USCIS. I am Michael Hoefer, Chief of the Office of Performance and Quality in the Management Directorate at USCIS. I have served in this capacity since 2016. My career with USCIS, and the Immigration and Naturalization Service before that, began at the INS Statistics Office in 1982. I have also served as a Director of DHS's Office of Immigration Statistics from 2004 to 2013. Based on that experience, I will provide you an overview of the primary factors that we believe have driven our current backlog and processing delays. I currently serve in the Management Directorate, which is responsible for multiple support functions, such as procurement, facility and financial management, IT systems, human resources, and my area of responsibility for performance measurement and analysis. Specifically, my office makes initial recommendations of required staffing levels based on future workload projections and efficiency rates. As you can see, while the men and women of the Management Directorate do not directly adjudicate applications, they do provide the infrastructure and the means by which our agency performs and measures its work. As we have heard today, backlogs are not new to USCIS. The U.S. experienced its highest backlog in 2003 at 3.6 million applications and petitions due in part to increased security vetting following 9/11. The backlog of pending applications, as of May 2019, is 2.4 million. What does the backlog mean to applicants and petitioners? Let me give an example of the impact of the backlog. It is taking 10 months to process naturalizations, whereas our goal is 5 months. We know from experience that it is possible through operational efficiencies and additional resources to reduce our backlog. The 2003 backlog was reduced by a series of initiatives, including a one-time congressional appropriation and the authority to use premium processing funds to hire additional staff. We were able to reduce the backlog to 50,000 by 2010, but it has risen each year since then. Most of the recent growth in the backlog was in fiscal years 2016 and 2017. The backlog grew from 634,000 in 2015 to 1.1 million in 2016 and increased to 2.3 million as of September 2017. More than 70 percent of the increase in the backlog between 2010 and now occurred in those 2 years. The backlog has stabilized since 2017, growing by only 110,000 during the past 20 months. There are many factors that contribute to changes in the backlog, but I want to discuss the most significant factors we identified for 2016 and 2017, the timeline that we saw the most growth. We projected that our receipts would increase in 2016 and then decrease in 2017, due to the combined impact of two factors--the national election in November 2016 and a fee increase 1 month later. Naturalization receipts previously had always increased before a national election and then decreased in the following year. When a notice of proposed fee increase is published, it usually motivates applicants and petitioners to apply before the increases are implemented, especially for cases that are more discretionary, such as naturalizations. Receipts in 2016 increased a little more than we had projected, but unlike past election year cycle experience, receipts continued to increase in 2017. The elevated receipt levels over the 2-year period were largely responsible for the growth in the backlog in 2016 and 2017. Receipt levels have returned to normal in 2018 and 2019, which has helped us to reduce the growth in the backlog. Our total number of completions in 2018 were the highest ever, and we have reached a 5-year high in the number of persons taking the oath of citizenship. The growth in receipts has allowed us to continue to hire more staff and to increase overtime. Authorized FTEs increased 7 percent in 2017 and 5 percent in 2018. Increasing staff is an effective component to backlog reduction. It is effective, but not immediate. Hiring and training new staff almost always takes a few years. Not a few years, we try to do it as quick as we can, but it is a reactive process. We have to identify funds. We have to recruit. We have to hire and train staff, and that can take months. Recognizing this, USCIS recently began modeling for a 6- year time horizon. Under this model, USCIS is able to proactively identify required staff, so positions are filled by the time they are needed to achieve case completion targets. Such a process will not only allow USCIS to reduce the current backlog, but hopefully prevent a new one. I very much appreciate the time and attention you have given to my colleagues and me. Thank you once more, and we are here to answer your questions. [Prepared Joint Written Statement of U.S. Citizenship and Immigration Services Witnesses follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Thank you very, very much. Thanks to each one of you for that useful and informative testimony. We will now go to Members of the Subcommittee who have questions under the 5-minute rule. I recognize first the Ranking Member for his questions. Mr. Buck. I thank the chair. I am going to yield to Mr. McClintock, and then, if it is all right with the chair? Ms. Lofgren. That will be fine. We will recognize Mr. McClintock then and you later. Mr. McClintock? Mr. McClintock. Well, thank you, Madam Chair. Mr. Hoefer, didn't the information required of applicants double back in 2016? Didn't the form go from 10 pages to 20? Or for that matter, any of the panelists who-- Mr. Valverde. If you are referring to the application for citizenship, yes, sir. I think it was back in 2012 or 2013, the application doubled-- Mr. McClintock. I assume that means twice the information that you have to verify and consider for each application? Mr. Valverde. Yes, sir. That adds complexity and some length to our interviews. Mr. McClintock. Now, in addition to that, are you seeing an uptick in applications being filed for citizenship? I think I heard testimony to that effect, but I didn't hear how big an uptick. Mr. Hoefer. Yes. We received a little bit under a million applications for naturalization in 2016 and a little under a million in 2017. Mr. McClintock. Okay. How did that compare to, say, 10 years ago? Mr. Hoefer. Well, we normally would average between 700,000 and 800,000 applications a year. Mr. McClintock. So, it has gone from roughly 700,000 to 800,000 up to a million? Mr. Hoefer. That is correct. Mr. McClintock. So, roughly a 20-25 percent increase in the number of people who are applying? Mr. Hoefer. That is correct, sir. Mr. McClintock. Okay. Now on the other side, how many applications are you actually processing or approving, I should say? Mr. Valverde. I can do that. In the past fiscal year, fiscal year 2018, we completed 750,000 approvals, and it was closer to, yes, 850,000 completions for naturalization for citizenship. Mr. McClintock. Seven hundred fifty thousand approvals, 850,000 completions-- Mr. Valverde. Yes, sir. Mr. McClintock. What were those figures, say, 10 years ago? Mr. Valverde. I don't have them to heart, but they were lower than that, I could say that much. Mr. McClintock. Lower. Much lower? Significantly lower? Mr. Valverde. I don't have the numbers. Mr. Hoefer. We did have some years where it was higher. When after a certain--there were increases in naturalizations in prior years as well, going back to the '90s, and I think in one-- Mr. McClintock. Would you say that the number of applications that are being approved are higher or lower than in the past? Mr. Hoefer. I would say over the last 5 years, it has averaged higher. There are particular years in the past where we had more than others. Mr. McClintock. Okay. So, the point I am trying to get at is the amount of applications have increased dramatically, 20- 25 percent. The amount of information you have to sort through has doubled with the doubling of the forms, and we are seeing a substantial increase in applications of approved naturalizations completed. So, is the backlog then a function of those two issues, principally more information to go through and more applications to process? Mr. Hoefer. Yes, I would agree with that, and so it is partly receipts that are coming in and how long it takes us with the resources available to us to work those cases. Mr. McClintock. All right. Thank you. I yield to the Ranking Member. Ms. Lofgren. The gentleman yields back. We will now turn to the gentleman from California, Mr. Correa. Mr. Correa. Thank you, Madam Chair, and I want to thank our witnesses for the good work you are doing at USCIS. Let me follow up on some of the comments made by my colleague from California. High, low, after 9/11, 2013, the length of the application doubled, you said. Is that correct? Ten to 20 pages and I can understand why. Security issues and what have you. So, you doubled the amount of work you had to do for a citizenship application. Yet, I would imagine that the automation since 2013 has increased. Is that correct? The processing? Mr. Valverde. Yes, sir. We are-- Mr. Correa. Now, so productivity wise, in terms of each individual, is that going up or down? Thorough processing per individual? Mr. Valverde. Productivity per officer has gone up this year from last. Yes, sir. Mr. Correa. So, it has gone up. You have about 700 plus/ minus new first slots that you have been authorized, approximately. Correct? Mr. Valverde. Agency wide, yes, sir. Mr. Correa. To hire. How are you doing in terms of hiring those individuals? Mr. Valverde. We have made hiring a focus of ours. We have been, in Field Operations, in the high 90 percentages of onboard staff-- Mr. Correa. So, you are moving ahead at a pretty good pace to hire more people? Mr. Valverde. We are doing all we can. Yes, sir. Mr. Correa. Thank you very much. I say that to you before a long time ago, before I was in the Government, I used to fill out applications for citizenships. One of them was for my uncle. I remember, God rest his soul, 70 years old, applied to be a U.S. citizen. Lived here for 50 years. As an attorney I filled out his application, waited for a year. Called your office. They said, ``We lost the application.'' Filled it out again, waited another year. Application was lost. Third time, I didn't call. I went to Los Angeles to see what was going on, and the nice lady behind the counter said, ``Let me go find your application.'' Two hours later, she came back. You had a special line for attorneys. She came back with half the application and said, ``We lost the other half of the application.'' She was very nice and said, ``Look, I am not going to make you wait another year. Pull over to the side, here is the whole application packet. Go fill it out.'' And 3\1/2\ years later, we finally made him a U.S. citizen. I am sure now we have a process system where paperwork is at a minimum. Am I correct in assuming that? Mr. Valverde. We have an electronic way to file, sir, but we still have a paper-based filing as well. Mr. Correa. Wonderful. I guess today, I am trying to figure out, you are doing a great job, given what you have got in front of you. We have a lot of folks that have fulfilled their requirements to be Americans, the American dream, full U.S. citizens. As I read through all this information, listening to your testimony, I am trying to figure out what can we do, what can I do to help you help those individuals that want to be Americans fulfill that American dream of being an American? We gave you resources. I think we have authorized new personnel for you. You are in the process of hiring them. You need more resources for automation to make sure you cross-check all this information to make sure only the good people that deserve to be Americans become Americans. What else can we do to help you get your job done in a timely manner? Mr. Hoefer. Well, I spoke about the training, when we hire and the training. One of the things that would help is that we would like to expand our training facility at FLETC, and we have money designated for that. We need authority from Congress to be able to expand that. So, that would really help us to get people onboard and trained and ready to work. Mr. Correa. Anything else? For example, hiring Border Patrol agents has been a challenge for us because of the lie detector test and the challenge there. You don't have anything similar to that in terms of challenges hiring folks or any other problems? Anything else that we can do to help you expedite the process, reduce the backlog? Mr. Neufeld. I will say that we are a fee-funded agency for the most part. We get some appropriated funds. So, our ability to hire staff is dependent on the fees that we collect, and first, we need to collect those fees before we can spend them. The other thing is those fees need to be set properly so they cover our costs. So, I guess what I would ask is that when we periodically review our fee structure that you be supportive of the fees that we need to set to recover our costs. Ms. Lofgren. The gentleman's time has expired. Mr. Correa. Thank you, Madam Chair. Ms. Lofgren. The gentlelady from Arizona is recognized for 5 minutes. Ms. Lesko. Thank you, Madam Chair. Mr. Valverde, has anyone in this Administration told you to slow down processing citizenship cases? Mr. Valverde. No, ma'am. Ms. Lesko. Has anyone in this Administration told you to slow down any case processing? Mr. Valverde. No. Ms. Lesko. Mr. Valverde, what do you say to those who claim you are trying to slow processing on purpose to prevent citizenship applicants from getting naturalized and becoming voters? Mr. Valverde. I would say that the data and the evidence show the opposite. I am lucky each day to be surrounded by colleagues who come to work to process immigration requests as efficiently and with the utmost integrity as we can. They have spent their careers bringing people to the franchise. Whether they register to vote or not is another thing, but they have spent their careers helping people become citizens, and it is some of the proudest work we do. Ms. Lesko. Thank you, Mr. Valverde. Isn't it true that during fiscal year 2018, your agency naturalized more people than in any of the previous 5 years? Mr. Valverde. Yes, ma'am. Ms. Lesko. Okay. Mr. Neufeld, in the testimony in the next panel, Mr. Cohen will testify, I believe, that USCIS's new RFE/ NOID policy means that any small mistake or lack of information on an application could result in a denial without giving the applicant a chance to correct the mistake. Is this an accurate description of the policy? Mr. Neufeld. So, a Request for Evidence is something that we issue when the evidence that was submitted is insufficient to demonstrate that they are eligible for the benefit that they are seeking. We issue Requests for Evidence for the purpose of allowing the applicant or petitioner to basically perfect their filing. The previous change that happened, there had been a policy that said for the most part that where the evidence does not support an approval that, but for a couple of circumstances, that the officer should in all circumstances issue a Request for Evidence or a Notice of Intent to Deny. This change that you are referring to, or that the witness is referring to, is the change in the policy to clarify that where the record appears to be complete, that a decision can be rendered on the record without having to issue a Request for Evidence or issue a Notice of Intent to Deny in all circumstances. Ms. Lesko. Thank you. Mr. Hoefer, is it? Hoefer. The House recently passed H.R. 6, the American Dream and Promise Act, which would provide green cards and a path to citizenship to millions of illegal immigrants. I am not going to ask for your thought on the bill because you probably can't say that anyway. I would like to ask you what the implication is going to be on operational aspects from that bill if it passed and became law. Mr. Hoefer. Certainly. Well, I think a lot of it depends on how it is implemented and what the rules are for this, meaning if there were 2 million people and 2 million applications, obviously that would have an immediate effect. We talked before about the lag. So, if 2 million people showed up in a given year and we haven't had the hiring and the money up front, certainly it would have an impact on the backlogs. Ms. Lesko. Thank you, Madam Chair. I don't have any more questions. Mr. Ranking Member, did you want any of my time? Mr. Buck. No. Ms. Lesko. Okay. I yield back my time. Ms. Lofgren. The gentlelady yields back. The gentlelady from Texas is recognized. Ms. Garcia. Thank you--this microphone. Hello? There it goes. Thank you, Madam Chair, and thank you to the panel Members for being here today. Obviously, we are here because of the unconscionable backlogs that many of us are experiencing throughout the country. Yet, this Administration is adding to the problem by imposing new hurdles for applicants in every step of the process. The Greater Houston area, one of the fastest-growing and most diverse regions, which I represent, certainly appreciates the contributions that diversity brings to the local economy and culture. However, Houston's diverse economy and culture is greatly affected by these processing delays. On March 28th, Congressman Olson, also from Houston, and I led a letter from the Houston delegation to the former Director, Mr. Cissna, outlining the harmful impact of these delays in the Houston community. Democrats and Republicans alike are concerned about the future of our families and businesses if the backlog problem continues. I might add, this letter was signed by all Members of the Houston area delegation. According to the most recent USCIS data, the average time for an I-485 or green card application in Houston is currently at between 15 and 28 months. For an N-400 application for naturalization, the backlog varies between 14 to 21 months. For the I-765, the employment authorization, the delay can be up to 5 months, causing loss of wages for many applicants. The uncertainty experienced among applicants and those who depend on their contributions is disconcerting and unacceptable. Though we understand that staffing is up in the agency, it is a long process, requirements of vetting for candidates, and we think that, of course, all can do better. We have identified the problem, and now we must invest in solutions. Regrettably, Madam Chair, one of the questions we asked Mr. Cissna was do you need additional statutory direction or funding to better respond in a timely way? He actually answered no, although USCIS appreciates the offer for assistance. I want to begin my questions with just that question to the three panel Members today. Do you need additional statutory direction or funding? All three of you, just yes or no. Mr. Valverde. As my colleague said before, we are a fee- funded agency. So, we would appreciate the support when we adjust our fees the next time, so that we get the right kind of funding for the case work that we need to do. Ms. Garcia. So, your answering is yes? Mr. Valverde. I am answering we would appreciate the support as we adjust our fees. Ms. Garcia. Well, I am glad you are saying yes, because I couldn't understand why the Director--of course, he is no longer here--is saying no. Because it seems to me that we could do all that we can in providing support, but we need solutions coming from your agency. Now, all three of you are career, right? You are not political appointees? Mr. Neufeld. Correct. Ms. Garcia. Right. So, you know how this works. Many of you have been here through many years. Like Mr. Hoefer, you identified and said that the increases tend to come in terms of patterns right before an election or before a fee increase. Is that correct? Did I hear you correctly? Mr. Hoefer. That is correct, ma'am. Ms. Garcia. All right. We have an election coming. Have you already put in place some planning and processes to prepare for that, knowing that there will be an increase? Mr. Valverde. Yes, ma'am. Within Field Operations, we recognize the trend just that you referred to, that leading up to the election years, there is often an increase in applications. We also recognize the fact that the growth in receipts is not impacted equally across the country. So, some of the work that we are doing right now is to try and ensure that the impacts of receipts, the impacts of pre-election application growth are addressed where they are most critical. That is to say, where there are places like Houston and others where the processing times are higher than we would like, and higher than some other places, we are doing the work there to make sure that an applicant's experience in Houston is more similar to an average applicant's experience across the Nation. Ms. Garcia. Well, what really concerns me, too, is some of the things that we are hearing about some of the changes. Number one, the fee increases. Number two is the idea that people may not get their interviews in the same location where they made their application, but they have to travel a great distance. A couple of other things that just seem to be barriers rather than a path to getting the application done. So, what is it that you are proposing that would actually help people get their applications timely processed and completed? Ms. Lofgren. The gentlelady's time has expired, but the witnesses will please answer. Mr. Valverde. Thank you. It is a number of things. First, with respect to the changing of appointment jurisdiction, we have looked at the map, and there are locations where there are two field offices that are close and we can move a zip code or something like that, and that enables a group of applicants to have their case seen sooner, that is why we have done that. So, those individuals, should they be able to travel, would get their case seen sooner. It is for the purpose of getting the benefit faster. We are doing a number of things, as I have said in my testimony, so I won't repeat it here, around process reform, hiring, and other things to help everyone's case go faster. Ms. Garcia. Thank you. Thank you, Madam Chair. I yield back. Ms. Lofgren. The gentleman from North Dakota is recognized for 5 minutes. Mr. Armstrong. Thank you, Madam Chair. Before we get into that, I just want to clarify, so do we need additional congressional funding on top of fee funding? Mr. Neufeld. I will take that one. I think what we are saying is that one thing we should clarify, none of us manage or oversee the budget for USCIS. As an executive, I am aware of some of the constraints. At present, we are unable to hire to the staffing levels that our workload would support because of our fiscal, budget constraints. So, I think it is safe to say that additional money would help. The source of that money, whether it is appropriated or fee funds, as an operator, it doesn't matter. It would just be helpful to have the staff. Mr. Armstrong. Then, I also appreciate the talk about significant distance. I married an immigrant, and we lived in rural North Dakota, and this is in 2004. The process, in and of itself, is daunting, and this is coming from two pretty educated people. I had just graduated law school. She was in law school. The bureaucracy is mind-numbing when you drive 350 miles to Minneapolis and show up for a hearing that was scheduled by Immigration, and get there and they tell you to go home because they are not ready for you. So, you have to turn around and come back. It is not like going around the block. I practiced in this area. Our firm has practiced in this area through three Presidents now--two Republicans and one Democrat. So, I appreciate the fact that we are talking about the history of this, because this didn't all start on the first week in January of 2017. Throughout the campaign, throughout our office, I have met with people who are waiting on 2008 visa permits to be processed. These are researchers who work at the Langdon Research Center in North Dakota. Not exactly--there are five employees total, and the frustration level for not only them, but also for their employers and the community at large. When you have a community of under 1,200 people, they become part of it. So, I am glad we are having this conversation, but I do have one pretty specific question relating to EB-5 background or EB-5, the rules. That is just foreign nationals can apply for permanent residence if they make necessary investment in a company--in targeted employment areas. I know there is a Rule in place, which, as proposed, the EB-5 modernization regulation would increase the minimum investment amount significantly, transfer targeted employment areas designation from the State economic development agencies to the Department of Homeland Security, and create priority data retention for EB-5 investors to use the priority data as previously approved, and establish more Federal oversight in regional centers, et cetera. USCIS submitted the proposed EB-5 immigration investor program modernization in February of 2019. Correct? Mr. Valverde. Yes, sir. Mr. Armstrong. OMB finished its review of EB-5 in June? Mr. Valverde. I understand they just recently finished its review, yes, sir. Mr. Armstrong. Do you have a status update on where that is at? Mr. Valverde. It is still in process. So, it has not been published yet, as you know. I would expect that it would be published relatively soon, but I don't have a date to give you, sir. Mr. Armstrong. Relatively soon. That is a pretty--we like to use that term, but we don't--I mean, so months? Mr. Valverde. I would think it is less than months, sir. Mr. Armstrong. Okay. Thank you. I don't have any other questions. Mr. Buck. Mr. Armstrong? Mr. Armstrong. Yes? Mr. Buck. I want to clarify one point with Mr. Neufeld and Mr. Valverde. You answered the question earlier, Mr. Valverde, about whether you believe it would be beneficial for Congress to appropriate money, and you didn't use a ``yes'' or a ``no.'' Then words were put in your mouth, and the answer was, well, I believe that is a ``yes.'' I didn't hear a ``yes,'' and I want to make sure there are benefits, are there not, to having a fee-funded system, as opposed to an appropriations system for your agencies. Mr. Valverde. I am not an expert in that area. I know enough to know that there are some profound differences, and I guess that is as much as I can say without getting myself-- Mr. Buck. You just don't like yes or no answers, do you? [Laughter.] Ms. Lofgren. Would the gentleman yield? Mr. Buck. Yes. Ms. Lofgren. I would just note that really these are career, and they don't have really the luxury of opining. That is a policy decision for the Congress to make. I don't think anyone is proposing that we move USCIS away from a fee-funded agency, just to clarify. Mr. Buck. I appreciate the chair clarifying because I think it is important. There is a perception that your agencies are fee funded because the individuals that are applying pay those fees and not U.S. taxpayers, and I think that is an important perception for many in this country, and I appreciate the fact that you are operating under a fee schedule. I yield the balance of my time. Mr. Armstrong. I yield back. Ms. Lofgren. He yields back, and the gentleman's time is expired. The gentleman from Colorado is recognized for 5 minutes. Mr. Neguse. Thank you, Madam Chair, for holding this important hearing. I just want to follow up on a point that was made by some of my colleagues a moment ago because this isn't just about money. My sense, I just want a baseline set of facts, from fiscal year 2018 to fiscal year 2017, there was a 13 percent decrease, my understanding, in the volume of applications submitted. Does that sound about right? Mr. Hoefer. I think that sounds about right, yes. Mr. Neguse. From fiscal year 2018 to fiscal year 2017, your budget had a 6 percent increase. Does that sound about right? Mr. Hoefer. Yes. Mr. Neguse. So, in FTEs precisely. So, I am not making the case that there may be a resource allocation issue, but to the point that my colleague from Arizona made earlier when she posed the question to you as to whether or not you had been directed by anyone to slow walk applications and so forth, the central question, which I think you have answered in your written testimony, is the promulgation of various policies that your agency has adopted in the last 2 years since the Trump Administration took office, and perhaps at their behest, has that exacerbated the backlog? We understand that there was a backlog before January 1st of 2017. I think your written testimony confirms that, yes, that is one of the reasons that there is a backlog. Accurate to say? Mr. Hoefer. Well, let me go back to the question about the decrease in the receipts. I think, as I testified, what happened is there is some lag. When we get the receipts-- Mr. Neguse. I understand that, Mr. Hoefer. I am asking, it is a simple question. Again, if you want, I guess we will let your written testimony speak for itself. There are a variety of policies, in addition to a number of other factors, that have lengthened processing times. That is not a fair statement to make? Mr. Hoefer. No, that is fair. Mr. Neguse. Okay. So, that is just baseline set of facts that we ought to operate under for purposes of this hearing. I would say this. I appreciate the work that you do, and I appreciate your service, and I appreciate you appearing here before us today. We have a serious problem. This backlog, which I understand has existed for quite some time but has been exacerbated over the course of the last 2 fiscal years in particular, is not sustainable. A 344 percent increase from the net backlog of cases in 2014, when you look at a 5-year window. In Colorado, in my State--and I know the Ranking Member, I suspect, appreciates this, as well, is a long queue that is building and building. So, I appreciate your efforts, but I think we ought--the point that my colleague from Texas made. We ought to be focusing on solutions to these problems. One of the issues that I want to ask you about, the backlog reduction plan that you have submitted or the summary that you submitted to this Committee lists as one of your goals or, I should say, one of your initiatives that you intend to implement to address the backlog--it is number five in your list--redefining processing time goals to better reflect true cycle times, which I understand, based on your written testimony, was a recommendation made by the DHS Office of Inspector General. The way I read this is what you are saying is that right now, because the agency is unable to fulfill the 120-day goal for a variety of different applications, permanent resident applications, and so forth, you intend to simply change the goal and instead of saying it is going to be 120 days, make it 180 days. I could just tell you from my perspective, having run a regulatory agency back in Colorado with a much smaller $90 million budget, 600 employees, appearing before our legislative committees of jurisdiction, I would not be received well if I said, well, I am going to simply change the processing time because we can't meet it. Anyone have a way to explain that? Mr. Valverde. I will respond to that briefly. The OIG statement, to me, said that the 120-day goal of the things that the agency must do to process an application for adjustment of status, they are not feasible in 120 days, all the background checks, fingerprint, employment interview, et cetera. Thus, we should go back and give the public a better expectation. From my perspective as an operator, one of the things over the years that has taken time away from our core adjudicative functions is responding to people who reasonably say, ``When is my case going to be due?'' Mr. Neguse. To that point, I would say I certainly agree that perhaps better responsiveness and increased communication throughout the process. I appreciate what you are doing with respect to the online programs that you have mentioned launching in your backlog reduction plan. So, that would accomplish what you are after. Extending the timeline so that it is ``more realistic'' to me is not an appropriate response to what is a critical backlog. Last, I will just say is you mentioned, Mr. Valverde, in respect to fees, right? Who pays your fees? Who pays the fees? Mr. Valverde. Our salaries come from the user fees. Mr. Neguse. User fees, and what do you call them? Mr. Valverde. Applicants and petitioners. Mr. Neguse. Well, for the existence or since your agency was founded, we called them customers. That term was removed from your mission statement, as was the term ``nation of immigrants'' a year ago. In my view, some of this is cultural. To the extent we don't see individuals as customers, that this agency is set to serve as a result of the law that was passed by Congress back in 2002, I think it implicates the way in which we look at these delays-- Ms. Lofgren. The gentleman's-- Mr. Neguse. --and the plans that we make to comport with them. So, with that, I would yield back. Ms. Lofgren. The gentleman's time has expired. We turn now to the gentleman from Florida. Mr. Steube. Thank you, Madam Chair. My first set of questions are for Mr. Valverde. In his testimony for the next panel that is after you, Mr. Cohen highlights the denaturalization work that USCIS is undertaking. Isn't it true that this work focuses on individuals who fraudulently obtain citizenship and that the work began under the Obama Administration? Can you explain what you are doing as it relates to that? Mr. Valverde. Absolutely. The work began in the late 2008 or 2009 timeframe and then was highlighted in an OIG report in 2016 when USCIS really got involved. The short summary of the work is that in the course of uploading old paper files into our electronic fingerprint database, we started getting matches with different sets of biographic information. So, what we were seeing, in maybe simpler terms, is two different identities connected to the same fingerprints. What we saw is many of them had, unbeknownst to us, gone through the naturalization program and procured citizenship. So, the work we started in 2016 and we continue today is to get those cases together. If it is two files, or three files in some instances, compare the records, and find the individuals who obtained the benefit we think through fraud and write that up. There are some that we don't think was the case, but for the ones that we do, we write that up and do an affidavit and work with partners at Justice for them to do the denaturalization process in the courts. Mr. Steube. Okay. Also, in his testimony, Mr. Cohen points out that the USCIS adjudicators are ``asking for more proof of marriage if the applicant is applying based on their marriage.'' If an applicant is applying based on their marriage, doesn't it only make sense that your adjudicators would ask questions about the marriage? I assume the purpose of these questions is to find out if there is fraud, and is marriage fraud a real issue that you see in the Department? Mr. Valverde. Yes, I won't comment on specific cases, but, marriage fraud is an issue that we come across on a daily basis in many of our offices. It is something that we give our officers special training for so that they can pay attention to ensuring that it is a bona fide relationship that forms the basis of either the request for permanent residence or citizenship. Mr. Steube. Well, I have even seen in my own district a case that was brought to my attention where the parties were allegedly married, and both the alleged wife was living with another man, and the alleged husband was living with another woman. So, it is definitely an issue. At least I have seen it in my district in the short time that I have been elected to Congress in the last 6 months. So, I certainly think there is fraud as it relates to getting married and trying to get citizenship and access into our country. In her testimony for the next panel, Ms. Lindt refers to interviews for individuals seeking green cards through their employers as ``unnecessary.'' Getting a green card comes with significant legal benefits and rights. Is that correct? Mr. Valverde. Yes, sir. Mr. Steube. Would you agree that ensuring an alien is, in fact, eligible for a green card is important and required by law? Mr. Valverde. Yes. Mr. Steube. Are the interviews for employment-based green cards adding unreasonable delays to the adjudication? Mr. Valverde. In my opinion, no, sir. I think it is a measure of integrity to have a face-to-face conversation and ascertain evidence about their eligibility for the benefit for someone who wants to remain here permanently, to live and travel, and work here. Mr. Steube. I have questions for Mr. Neufeld. How much time do I have left? Because I don't see-- Ms. Lofgren. You have a minute and 20 seconds. Mr. Steube. Okay. Mr. Neufeld, isn't it true that if an adjudicator is adjudicating an application or a petition that needs additional information to make a decision, the adjudicator has only two options, either issue a Request for Evidence or deny the application altogether. Is that correct? Mr. Neufeld. Essentially. They can also issue a Notice of Intent to Deny if it would afford them an opportunity to respond before they would make an actual decision. Mr. Steube. So, they could have an opportunity to respond, but that is it. Mr. Neufeld. Yes. Mr. Steube. Okay. In the latest USCIS ombudsman report, the Congress recommends that USCIS emphasize that petitioners and applicants verify the addresses provided for all forms filed with the USCIS. How much of a problem is it that people do not provide their current address? Mr. Neufeld. I think it is more of a problem that their address might change, and so our records don't reflect the correct address. In the employment context, occasionally we will find where the attorney's address or the employer's address will be used as if it is the beneficiary's address. Then that can create some problems with us trying to sort through that when we adjudicate the case. Mr. Steube. So, if it is that type of scenario and they are not updating you of their new address, that obviously is delaying the delivery of their work permits and other documents from your agency? Mr. Neufeld. Yes. Mr. Steube. How am I doing? Ms. Lofgren. Your time has expired. Mr. Steube. Okay. All right. There you go. Thank you, Madam Chair. Ms. Lofgren. The gentleman yields back. The gentlelady from Florida is recognized for 5 minutes. Ms. Mucarsel-Powell. Thank you. Hello? I think that an efficient and service-oriented immigration system is vital to businesses, for our economy, mostly also for families that are living here in the United States. It allows families to be reunited with loved ones, and it enhances the diversity which makes this Nation great. I am actually a naturalized citizen. I remember going through the process, and I am so grateful that I was allowed that opportunity. It did take years before we were eligible and allowed to become U.S. citizens. In recent years, we have seen that the backlog of cases at the USCIS has exploded. From 2016 to 2018, the net backlog of cases rose by nearly 1.4 million cases. In 2018, USCIS received a million fewer cases than the year before, but the average case processing delay continues to rise. The staggering backlog of cases at USCIS has created challenges for businesses, universities, hospitals, and mostly families, like I mentioned. Despite this, earlier this year, the Administration announced that USCIS planned to close all international field offices. These offices are critical resources in processing refugee applications, family-based visa applications, and other immigration matters. My district in Miami serves a large population of Cuban Americans. From one day to the next, the USCIS field office in Havana was closed. As a result, families are now separated. I hear on a daily basis, hundreds of some of my community Members that are writing to us, calling to us. They tweet asking for a result for this issue. They tell me that they wouldn't have left Cuba if they knew that their sons and daughters would not be able to unite them here in Miami. So, I wanted to first ask Mr. Valverde, who made the decision to close the office in Havana to process the parole and family-related visas for the Cubans that are applying for these visas? Mr. Valverde. I don't have the first answer to that. I understand it was the former Director, but I wasn't-- Ms. Mucarsel-Powell. Okay. So, now that the Havana office is closed, what is the process for processing these applications and getting these families back together? Mr. Valverde. I think none of us on the panel are working in our overseas offices Administration. So, we would have to get back to you. I do understand that the Havana office was closed after the attacks on our employees. Ms. Mucarsel-Powell. Yes, but there was never any evidence that it had to do with the government there, and now thousands of families actually are suffering the consequences of that closure without any response. So, if you could please provide me with that information within the next 2 weeks as to what the plan is to process those applications that were already started. Just as a general matter, how does closing a USCIS office impact the backlog the agency is seeing? Mr. Neufeld? Mr. Neufeld. As my colleague mentioned, none of us here oversee the overseas offices. So, we are a little bit challenged with this. As a service center executive, I would anticipate that some of that work that is presently performed overseas may be coming to the service centers, and we would need to prepare for that. So, for instance, I am aware that on occasion, family-based petitions might be adjudicated onsite at an international office, and I would anticipate that work would be coming to a service center instead. Ms. Mucarsel-Powell. So, who made the decision in the agency to close all these field offices, international field offices? Mr. Neufeld. Again, that is a bit of a challenge for us. As I understand it, the decision hasn't been finalized in terms of specifically which offices are going to be closed. Ms. Mucarsel-Powell. You are aware that a lot of these international field offices process international adoptions, they support refugee resettlement, and they handle family reunification applications. In addition, in response to Mr. Steube's concern on fraud, they actually also deal with some of these fraudulent cases. So, I am concerned that there is not enough preparation in here nationally how we are going to prepare to close these international field offices. Has USCIS or DHS conducted a cost-benefit analysis or otherwise studied the potential impact of these closures on the processing of refugees, adoptions, and other services? Is there a study that has been conducted? Mr. Neufeld. I don't know. Ms. Lofgren. The gentlelady's time has expired. Ms. Mucarsel-Powell. Thank you very much. I yield back. Ms. Lofgren. The gentlelady from Texas is recognized for 5 minutes. Ms. Escobar. Thank you, Madam Chair. Many thanks to those of you on the panel for being here and thanks for your service. We have seen a theme this week with the hearings that we have had. We had a hearing yesterday on the horrific overcrowding in the El Paso processing facilities, as documented by the Office of the Inspector General. Today, as laid out by my colleague, the gentleman from Colorado, we have seen also a terrible backlog that has been exacerbated by policy. During yesterday's hearing, what finally surfaced was that policy by this Administration was making a challenging situation worse. I believe that the same applies here. Just as an example of what we continue to have to face, in October of 2018, USCIS published a Notice of Proposed Rulemaking that would dramatically heighten the standard for determining whether an individual is likely to become a public charge. In the background information on the proposed rule, DHS admitted that the new Rule could lead to worse health outcomes, increased prevalence of communicable diseases, increased rates of poverty and housing instability, and reduced productivity and educational attainment. Setting aside the fact that the Rule as proposed is illegal and exceeds the agency's statutory authority, I would like to ask either Mr. Neufeld or Mr. Valverde the following questions. When can we expect final action from the agency on this rule? Mr. Valverde. I don't have a date on that. It is still going through the rulemaking process. Ms. Escobar. Okay. If finalized as proposed, will this new Rule increase the amount of time it takes to adjudicate applications for adjustment of status and other benefits? If so, what is the estimated additional time burden? Mr. Valverde. I will take that as well. The Rule change, like any change, will add a complexity as we train people and try to roll it out. I don't have an estimate right now because the Rule has not been finalized, and we don't have the final language that we will have to apply to our cases. Ms. Escobar. Will you be evaluating how much extra time it will take, what kind of a burden it will add to the agency? Mr. Valverde. Absolutely. We evaluate either in the 2-year, every 2-year fee process how long it takes us to do all our actions, or in our annual budget process, that is how we allocate the staff that we have to do the work. Ms. Escobar. I would request that in your subsequent budget, once the Rule has been applied, that you please make a note of that, of the additional time and the addition in staffing that would be required to deal with the rule, please. Also, what steps has USCIS taken to prepare for the additional burdens that will be imposed on the adjudicatory process as a result of this rule, and what is the plan to ensure that processing delays on affected applications stay within reasonable timeframes? As Mr. Neguse pointed out, that doesn't mean changing the goalposts. That means providing customer service in the appropriate time. Mr. Valverde. As I mentioned a minute ago, as soon as we get the final Rule and we can build some processes and procedures around it, we will have a better sense to answer your questions with some more specificities. Certainly, as we are aware of the Rule and as we have seen the proposed rule, we can make some guesses. So, we are doing our planning. We are taking that into account in our budget process this year. At this point, though, we are making some assumptions about application rates and other impacts that we are doing our planning as we speak right now, and we will see when the Rule is finalized what its timeframe is and how our assumptions are played out in reality. Ms. Escobar. If finalized as proposed, the new Rule would require significant training for adjudicators who will be required to gain new expertise in complex areas of public benefits, including State Medicaid programs. However, the proposed Rule includes no time or cost estimates of the necessary training. Has USCIS estimated the costs for training and implementing the new rule? If so, what are these estimated costs? Mr. Valverde. I don't have an estimate for you, but I would say that one of the first things that I did when I joined the agency in 1997 was do the public charge Rule that we did at that time, based on the 1996 act. It is very similar. We had to teach our adjudicators to understand what public benefits were and how they impacted those benefits. We do something very similar, and I say that to illustrate that we are accustomed to policy changes or statutory changes or process changes and bringing our people through that with a goal of implementing it as efficiently as we can and as consistently as we can across the hundreds of thousands of applications that we will get. So, we are working on it now. Ms. Escobar. Your customers will have to shoulder the burden of the added cost. Correct? Ms. Lofgren. The gentlelady's time has expired. The gentleman may answer. Mr. Valverde. Correct. Ms. Lofgren. The gentlelady from Pennsylvania is recognized for 5 minutes. Ms. Scanlon. Thank you. I just wanted to make clear that CIS is the agency charged with processing applications of people who are trying to follow our rules and become legal residents or get work authorization or become citizens, right? Mr. Hoefer. Yes. Ms. Scanlon. Okay. So, they are not people hiding from the Government. They actually are providing a lot of information to the Government as they seek to have those applications adjudicated, right? Mr. Hoefer, I will let you speak for the group. Mr. Hoefer. Yes. Ms. Scanlon. Thank you. Until they get citizenship, they can't vote. They can't receive Social Security benefits usually. Sometimes people can't work. I mean, there are a whole host of benefits that are attendant upon becoming either a legal resident or a citizen. Correct? Mr. Hoefer. Yes. Ms. Scanlon. Okay. We talked a little bit about the delays and some of the factors that led to the burgeoning backlog, and I think you mentioned the increase rather than decrease in citizenship applications following the 2016 presidential election, right? Mr. Hoefer. That is correct, yes. Ms. Scanlon. Okay. So, after a presidential election, there is usually some kind of drop-off? Mr. Hoefer. Yes. Ms. Scanlon. I can help you with why that happened. [Laughter.] Ms. Scanlon. As a legal services attorney, immediately following the election in 2016, we started encouraging people to obtain citizenship if they were eligible due to the anti- immigrant rhetoric coming from the Administration. I think the Administration helped deliver that message pretty forcefully when the first executive orders to come out of this White House were to ban travel by people who were from predominantly Muslim nations and to completely upend our deportation priorities, going from just excluding ``bad hombres,'' as one might call them, to anyone who did not have permanent legal status under our laws. So, there was a huge incentive for people to try to file their paperwork and get whatever status they were able to. I don't think you mentioned some other things. One thing that I noted in going through some of the testimony, the Inspector General did mention that the electronic documentation services, ELIS, I believe it is called, has had some serious deficiencies that have also slowed down processing. Correct? Whose is that? Mr. Valverde? Mr. Valverde. I can speak to that because we used it for citizenship and also for replacement of green cards. Now, citizenship in the--I will get my years wrong--in the 2015, 2016 timeframe, when we were implementing it, it was a much slower implementation because of some of those difficulties that you are referring to. Ms. Scanlon. Okay. The Inspector General's report was from November 2017, at which point those difficulties were continuing, weren't they? Mr. Valverde. I believe that is the right timeframe. Shortly after that, we had pivoted back to using the system, and we have been using it since. Ms. Scanlon. So, you had to resume using a system that you have been trying to upgrade because of deficiencies in the new system? Mr. Valverde. We had started to use it and decided it was better to fix it and pause for a while and then resume using it when it was working the way we intended it to. Ms. Scanlon. That is during a period of time that was central to when this backlog started to really explode. Isn't that right? Mr. Valverde. It was while the backlogs were growing. I would note that we had a parallel system, the older system we call CLAIMS 4--without getting too much into the jargon--that we continued to use. So, we did not sit on our hands. We had work to do during that time as we improved the ELIS system. Ms. Scanlon. Okay. It contributed to the backlog, right? Mr. Valverde. I think that is fair. Ms. Scanlon. Okay. What you didn't mention was there have been a lot of policy changes during the course of this Administration that have impacted your ability to process applications. Isn't that correct? Mr. Neufeld. There have been a number of policy changes that impact them. Ms. Scanlon. They would include additional REIs--or RFEs, Requests for Evidence, that were not previously required? Mr. Neufeld. The policies didn't direct that we would issue more Requests for Evidence, no. Ms. Scanlon. There has been some suggestion that the Requests for Evidence have become duplicative in some cases. You haven't heard complaints that you are requesting evidence in duplicative manners? Mr. Neufeld. Oh, that sometimes a request will be issued and then followed by a request for the same evidence? Ms. Scanlon. Yes. Mr. Neufeld. I am sure that in the millions of cases we process, that mistakes are made. That is not a common-- Ms. Scanlon. As someone who has had to submit their attorney representation file six or eight times on the same case, I think there are some issues with that. Another policy that would seem to have increased time for response would be eliminating the 90-day deadline for processing employment authorizations, right? If there is no longer a deadline, can take longer? Mr. Neufeld. No, that didn't drive how much longer it takes to process cases. Ms. Scanlon. Okay. Ms. Lofgren. The gentlelady's time has expired, but have we got an answer to the last question? Ms. Scanlon. Okay. Thank you. Ms. Lofgren. Okay. Then I will--the Ranking Member has said he will pass on this round of questions. So, I will go to my questions, and I think we are expecting a vote on the floor very soon. So, we will have to come back for the second panel after that vote. I am concerned about how the processes have changed and the impact on the Administration of the benefits program. Obviously, everybody wants a system that is--avoids fraud and adheres to the requirements of the statute and the like. I just have some questions about the impact in certain cases and where the delay really eliminates the value of the program itself. For example, the OPT program--Optional Practical Training program--by regulation, the earliest that a student can apply for OPT is 90 days before the end of the educational program. Now, I have heard that the delays are so extreme, 5 months or more, that in some cases you have got a student who has graduated from college. They are going to go on to their Ph.D. They have got their internship. The internship is over before they even get the approval of OPT to do it. So, the whole idea of having this program is undercut by the delay, and so you sort of wonder what is being achieved here other than to undercut what the agency wants to do because of the delay. I have concerns about what is happening on the employment side. We have had a number of questions on the family side, which are very important. I am seeing from the statistics that nearly 50 percent of all H-1B petitions received RFEs in the second quarter of 2019, and I am wondering why. I will give you an example. I come from Silicon Valley. I recently had a casual conversation with somebody I have known for many years, a serial entrepreneur. He has been CEO of very large companies, and now he has got a startup. He had an H-1B visa holder that was renewing the H-1B. Instead of getting the renewal, he got a question from USCIS was this guy's Ph.D. really well fitted to the job? His question was, what would the USCIS know about that Ph.D. versus him as the employer? Secondly, why this big study on a renewal of an H-1B? He said what changed? Was their first process wrong? People are just feeling jerked around, for lack of a better term. What we have got are Canadian recruiters coming into American tech centers and luring people away. The tech economy in Toronto is growing faster than the tech economy in Silicon Valley and Washington. Now, a lot of people think it is because of USCIS and our immigration policies. Can you tell me about why we are doing the RFEs that we are doing in the H-1B program for renewals in particular? Mr. Neufeld. So, that one is mine. I can tell you that a number of changes have been made affecting H-1B processing over the last couple of years, and I am sure you are familiar with them. So, when there is a change that is introduced, we have to first train our folks, but we also have to educate the public on what the requirements are as we now understand them. So, whenever that happens, regardless of what context, it is pretty predictable that we will have an increase in Requests for Evidence, perhaps an increase in denials. Usually, overtime, as the public becomes familiar with what the requirements are and as our adjudicators become more proficient, then we usually will see that the requests are--the impact of those changes to become more stable. Ms. Lofgren. Let me ask you another question. Somebody said why don't we have some judgment being shown in these cases? We know that there are entities that abuse the H-1B program, and there is not going to be a single person on this panel that says don't scrutinize that situation. We all agree on that. Then you have got situations where that is not the case, and you have people who are being denied. Then they appeal, and they win their appeals every single time. So, what has happened is you have just added money and cost, delay for no outcome. Is there any analysis going on on where the appeals are always successful, and the denials are always wrong and to do some assessment on what you are doing here? Mr. Neufeld. So, I won't say that there has been a study of the decisions coming from the AAO, but I will tell you that as we receive decisions from the AAO that overturn the decision of the adjudicator, we do review those and determine whether is it a training issue, or is it some other guidance that needs to be clarified, or what have you? Ms. Lofgren. Just a final question. I have also received a lot of complaints about the use of denials for FTEs, as compared to the more informal Notice of Intent process that used to be more prevalent. For example, I have had tech people say there was a clerical error on the application. Instead of calling up, saying was it this date or that date or was there a typo on this line, they requested evidence. Or they deny it, even worse. So, you have to go through a whole expensive process. Why is that? What is the value in that? Mr. Neufeld. So, I think this gets back to the change in policy that we were discussing previously, and the prior policy did require that pretty much in every circumstance, even if the record seemed to be fully there, that a Request for Evidence would be issued, and the policy change then allowed for folks to go straight to a decision if they felt that the record is complete. I don't know--again, I don't think we have done a study to determine the impact as far as how many cases have gone straight to denial, as opposed to having a Request for Evidence issued in the interim. I would imagine that we could get data on that. Ms. Lofgren. Well, since I have asked others to keep within their 5 minutes, my 5 minutes is up. So, I will note that we have also been called to a vote. We have additional questions. Oh, Sheila, you came in later. Before we end this hearing, let me turn to Ms. Jackson Lee for her 5 minutes, and then we will have enough time to get to the floor. The gentlelady from Texas is recognized. Ms. Jackson Lee. I thank the chair, and I thank you for holding this hearing. I want to just, to the witnesses, USCIS has acknowledged that some policy changes have slowed processing and increased the overall case backlog. Has USCIS, and I know we have had probably a series of questions like this, made any efforts to improve data collection and analysis to better understand the impact of future policy changes on processing time and case backlog? Mr. Hoefer. We do reviews going--looking back in time to see all the policies' effects, and certainly when we have information about the various policies, we try to make estimates of how long things are going to take. So, we regularly do reviews every year of this nature. Ms. Jackson Lee. So, what is your backlog now? If you said you had to give a landscape across the Nation of how many backlog cases you are dealing with, do you have a handle on that? Mr. Hoefer. Yes, we have 2.4 million cases in backlog, and overall, we have about 5.9 million cases pending. Ms. Jackson Lee. Those individuals, do they have a document indicating pending case? Are they subject to the actions of immigration enforcers because they are not statused, or are you continuing to provide them with updated paperwork that their present status is due to your backlog? Mr. Neufeld. I can take that. So, everybody who files a petition or application with us will receive a receipt, and that will indicate that their case is pending. Depending on what they are applying for, that might provide them status or some protection from removal. It depends really on what their status was before they applied, what the status is that they are seeking. Ms. Jackson Lee. Employment authorization delays have been substantial. Delays in employment authorization have significant impact on many different stakeholders and can result in prolonged benching or even job loss. Families are put in disarray because families are dependent on the person seeking the employment status. Do you have any way of channeling the employment request? Because these people will have a legitimate base of income. They have got family Members that are dependent on them. Is there any way to stovepipe those requests? Mr. Neufeld. So, we are concerned with the processing times for employment authorization documents, and one of the things that we did was to provide for auto-extensions. So, if somebody has an employment authorization document and they need to seek an extension, depending on the category, then they can receive an automatic--their old card is automatically extended for a period of time while we process their case. That was one of the things that we tried to do to provide some relief. This category of work is very important, but it also competes with the other categories of work that we have with our limited resources. So, I can tell you that we do prioritize it, and compared to other processing times for other applications, the EADs typically are handled much more quickly, but not as quickly as we would like. Ms. Jackson Lee. Well, would you consider going back and analyzing sort of how you would resource the employment request in a way that you might recommend that would help you move them faster? Certainly, vetting is important, but move them faster? Mr. Neufeld. Yes. Ms. Jackson Lee. Are you all appointees or civil servants? Mr. Neufeld. Career civil servants. Ms. Jackson Lee. Well, first, let me thank you for your service. I have probably run into you before. You noting the disparate directions that seem to be coming from the Administration impacting staffing, impacting immigrants who are coming in or not showing up in terms of the disparate--frankly, I don't know whether this Administration is for any immigration. I don't know if they are for legal or illegal--not illegal, but helping undocumented, helping people who are in the country. I have no idea. That sets the tone for the work you do and also for people accessing your services, which are very important. The funding that we in Congress pile onto the Administration, I am not sure if it is reaching you, because I notice that you have staff turnover. What is happening with staff turnover and the people that come in that you see? Mr. Neufeld. Staff turnover, like any agency, we experience attrition, but I don't think that is a huge concern for us. The difficulty for us is hiring, because it can take several months. Not only to bring somebody onboard, but then after that, to get them trained and experienced. Ms. Jackson Lee. So, you have the resources. Congress has given you the resources to hire as you need? Mr. Neufeld. We are fee funded. So, we don't usually need to look to Congress to authorize our staffing levels. Ms. Jackson Lee. So, you can expand your staffing levels if necessary? Mr. Neufeld. With the fees, yes. Ms. Jackson Lee. Right. You will look to the stovepiping of certain employment documents-- Ms. Lofgren. The gentlelady's time has expired. Ms. Jackson Lee. I mean processes. Thank you. I yield back. Ms. Lofgren. Thank you. The gentlelady yields back. I recognize the Ranking Member for a unanimous consent request. Mr. Buck. I ask that a statement from the United States Chamber of Commerce dated July 16, 2019, be included in the record. Ms. Lofgren. Without objection, so ordered. [The information follows:] MR. BUCK FOR THE RECORD ======================================================================= [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. I would also ask unanimous consent that the following statements be made a part of the record--from the American Council on Education, the American Immigration Council, ASISTA, and the Asian Pacific Institute on Gender- Based Violence, the Association of American Universities, Boundless Immigration, Church World Services, the Compete America Coalition, FWD.us, Her Justice, Invest in America, National Immigration Forum, UnidosUS and the National Partnership for New Americans report, Tahirih, and again, the Information Technology Industry Council. Without objection, those statements are made a part of the record. [The information follows:] MS. LOFGREN FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Just as a parting comment, I think planning is something that would be very helpful in terms of changes of policy. I think you heard from many of us when the premium processing policy was changed after the applications had already been mailed on Sunday, when the due date was Monday, and people had to rip checks out and rewrite them. People whose applications had already been sent were rejected because they had more money in the fee. It is just a crazy way to run an outfit. I know it wasn't your decision, but that kind of stuff just creates chaos in the community, in the business community, and is counterproductive in terms of a good economy for the United States. With this, we will recess until after the vote. We will have 5 legislative days to submit additional questions to each of you. We would ask, if we do, that you answer them promptly. We thank you very much for being here, and we will probably be back a little bit after 2:00 p.m., for planning purposes if people need to go catch a snack or something. So, we are in recess. [Recess.] Ms. Lofgren. The Subcommittee will come back into order. We had a number of votes, and hopefully, we will get some of the other Members who are on their way back. For now, we will start with our second panel, and I would like to introduce all of them. Before I do, let me ask you all to stand, raise your right hand, and do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct, to the best of your knowledge, information, and belief, so help you God? [Response.] Ms. Lofgren. The record will show that each of the witnesses replied in the affirmative. Now, we will introduce our four witnesses. Marketa Lindt is President of the American Immigration Lawyers Association and a partner at the Chicago office of Sidley Austin, LLP, where she specializes in business immigration programs and I-9 compliance. She has authored numerous pieces on business immigration for legal publications. She has served as a member of the Leadership Board of the National Immigrant Justice Center in Chicago and currently advises several Chicago-based organizations that provides assistance to underserved immigrant communities. Jill Marie Bussey is Director of Advocacy at Catholic Legal Immigration Network, also known as CLINIC. Ms. Bussey has worked in the immigration field for nearly 20 years. Prior to CLINIC, she served as President of the board of directors at the Foreign-Born Information and Referral Network, a Maryland- based nonprofit that supports immigrants, refugees, and asylees. She also served as Director of the Global Immigration Council for Pro-Link GLOBAL and worked in private practice at a multitude of firms. Eric Cohen is the Executive Director of the Immigrant Legal Resource Center. Prior to being named Executive Director in 2007, he supervised the ILRC's legal work as legal director and staff attorney. He has been a professor of immigration law and has supervised immigration law clinics at Stanford and the University of California Hastings School of Law. Mr. Cohen has coauthored countless publications and practice manuals for immigration attorneys and specializes in naturalization and citizenship issues. Jessica Vaughan serves as Director of Policy Studies for the Center for Immigration Studies, where she has worked since 1992. Ms. Vaughan is also an instructor for senior law enforcement officer training seminars at Northwestern University's Center for Public Safety in Illinois. Prior to her work with the Center for Immigration Studies, Ms. Vaughan was a Foreign Service officer with the U.S. Department of State, where she served in Belgium, as well as Trinidad and Tobago. So, we thank each one of you for being here. As you know, we have your written statements, which will be made part of the record, and we ask that your testimony be about 5 minutes. There is a light system somewhere. Maybe not. When you are a minute away from your 5 minutes, the yellow light will go on, and the red light is supposed to go on when your time is up. We would ask that you try and stay within that timeframe, and we are eager to hear from each one of you. So, with that, we will start with you Ms. Lindt. TESTIMONY OF MARKETA LINDT Ms. Lindt. Chairwoman Lofgren and Ranking Member Buck and Members of the subcommittee, thank you for the opportunity to testify before you today on the bipartisan issue of reducing processing delays at USCIS. My name is Marketa Lindt, and I am the elected President of the American Immigration Lawyers Association, the private bar association of more than 15,000 immigration attorneys and law professors. I am also a partner at the law firm of Sidley Austin, where I specialize in business immigration and represent a wide range of American companies. Collectively, as AILA Members, we represent businesses, families, and people seeking protection before USCIS in virtually every kind of immigration application. Unfortunately, our experience reveals a troubling reality. Today's USCIS is an agency rife with processing delays that are driven by the agency's own inefficient policies and practices. Congress established USCIS to be a service-oriented immigration agency that meets the needs of American businesses and families. To accomplish this, the agency must process its applications efficiently and timely in a manner that protects the integrity of the immigration system. The magnitude of the delays now facing USCIS customers, many of whom pay significant fees for USCIS services, are extreme. USCIS has a history of chronic management problems and processing delays, but the delays are particularly acute now. AILA's analysis of USCIS data reveals that between fiscal years 2016 and 2018, the agency's average case processing time surged by 46 percent, and the overall backlog of delayed cases exceeded 5.69 million. This slowdown in case processing has a significant impact on U.S. business and families. The delays restrict the ability of U.S. businesses to hire workers that they need to be competitive nationally and globally. They prolong the separation of families. They endanger those who need humanitarian protection, and they stall the integration of aspiring U.S. citizens. This is not a matter of ideology or politics. U.S. businesses and individuals are paying substantial filing fees for applications for immigration benefits. The agency's efficient implementation of our legal immigration system is simply a matter of good governance. Leaders in Congress on both sides of the aisle have recognized the critical impact the USCIS delays are having and with bipartisan action have called for greater accountability. In March of this year, a bipartisan delegation of 10 House Members from the Houston area, some on this subcommittee, wrote that the agency's inability to Act in a timely way to serve the Houston area was posing a ``hindrance to our region's future.'' In May, 38 U.S. Senators, including 19 Republicans and 19 Democrats, expressed alarm over USCIS's ``nationwide slowdown.'' In response, USCIS has largely attributed its backlog to resource constraints and high numbers of applications. However, USCIS's own data shows that in fiscal year 2018, the agency's budget grew, and the application rate significantly declined. Yet, during that same time, case processing times still increased by 19 percent. What the evidence demonstrates is that, in fact, it is the agency's own inefficient policies that are driving the longer processing times. In my testimony, I cite many of the problematic policies that USCIS has implemented. Here are three. First, in October 2017, USCIS imposed a policy mandating an in-person interview for everyone applying for a green card through his or her employer. Officers already have the discretion to select cases for an interview, but now the agency requires in-person interviews for every single applicant, even if there is no indication that it is necessary. This strains the agency's valuable adjudications resources that could otherwise reduce the backlog. Second, in 2017, USCIS changed 2004 policy from the Bush era to now require the agency to re-adjudicate every application for an extension of status, even where the same employer is applying for the same employee for the same job under the same visa type and where there has been no meaningful change in circumstances. Third, USCIS data shows significant spikes in Requests for Evidence being issued from the agency. These requests outpace processing, often request irrelevant or previously provided information, and create an additional time-consuming and resource-intensive step in the process. In my own practice, I have witnessed the growth in case processing delays and their harmful consequences for businesses nationwide. I have seen companies' workforce gaps going unfilled. I have seen workers losing employment authorization, and every day I see the uncertainty that now pervades the business environment. As a result, our country is losing valuable university graduates, talented professionals, and entrepreneurs from abroad who are choosing destinations other than the United States because the stress, the lengthy processing times, and the unpredictability of the U.S. immigration process creates an environment that is inhospitable to innovation and to attracting and retaining global talent. So, Members of the subcommittee, it is imperative that both USCIS and Congress Act swiftly to eliminate processing delays and their destructive consequences. Most importantly, USCIS should reverse inefficient policies that needlessly delay adjudications. I also urge Congress to pass legislation that strengthens accountability at USCIS and ensures that the agency serve the American people, our families, and our businesses. Congress gave USCIS a mandate, and for the sake of our national interests, the agency must fulfill it. [The statement of Ms. Lindt follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Thank you very much. We will now hear from Ms. Bussey. TESTIMONY OF JILL MARIE BUSSEY Ms. Bussey. Good afternoon, Chairwoman Lofgren, Ranking Member Buck, and Members of the subcommittee. My name is Jill Marie Bussey, and I am the Director of Advocacy at the Catholic Legal Immigration Network and an attorney with about 20 years of experience in immigration law. We are really grateful for this invitation. Guided by our Catholic identity and mission to welcome the stranger, CLINIC promotes the rights and dignity of immigrants. Our network of over 370 nonprofit immigrant legal services agencies serves hundreds of thousands of low-income immigrants each year, providing us with valuable insight from real-life examples of the problems they face before USCIS. Over the past few years, we have become increasingly alarmed to see the political leadership at USCIS steering this services-based agency toward enforcement and away from its congressionally mandated purpose. Customers provide sensitive personal information about themselves and their families to USCIS. They pay application fees with their hard-earned money, and they put their trust in this agency. Under the current leadership, their lives are being upended, as deliberate policy choices and gross mismanagement have led to crisis-level case processing backlogs. For example, longer forms and new rules asking for unnecessary information create needless redundancies and drain resources. Cases with small errors or issues that were previously resolved through customer service have been denied, forcing everyone to go back to square one. The USCIS would stop processing work permits within 90 days and then made it harder for people to request expedited processing. Slow processing times rob people of their dignity, their livelihood, and their security. They also shake people's trust in our immigration system. Our written testimony explains in detail the problematic policies that we have identified, as well as their human consequences. Today, we lift up three. Hazem's story illustrates the harm caused when USCIS fails to process work permits on time. Hazem came to the United States in 2011 to study engineering, just as Syria's civil war was erupting. Unable to go home after his student visa ended, he applied for temporary protected status and found a job at a small firm in Oregon. Hazem faced numerous consequences due to application processing delays, including renewing his driver's license, gaining access to his own bank account, and losing billable hours at work and much-needed income. Delays have also deprived Americans of critical services when green card processing stalls. For example, Father Arjun is a Catholic priest from India serving a 160-mile rural area in upstate New York. He celebrates mass, officiates weddings, visits the sick, and presides over funerals. Waiting for over 2 years for his green card forced him and his diocese to submit multiple applications and fees to USCIS. Because of this, his driver's license is connected to his immigration status, he has experienced difficulties getting it renewed. His work permit and his driver's licenses are key tools that allow him to serve. Here, USCIS delays may cause a vulnerable parishioner to miss receiving pastoral care at a critical time in their life, including last rites. These are not the only cases that are being delayed. Life- saving survivor-based applications have slowed to a near halt. Cheryl is a Jamaican national and survivor of brutal domestic violence who has waited for approval for her green card under VAWA for nearly a year. That is four times the normal processing time. Cheryl fled her abuser, but without a work permit cannot provide for her children and was forced to move back. The violence immediately began again, and under current processing times, she would have to endure another 6 months. This is absurd, and it is immoral. Cheryl and her children should be safe right now. Yet, they are at the mercy of USCIS to process her case. The current situation at USCIS is wholly and completely avoidable. It has been brought on by misdirection, mismanagement, and poor policy. To raise fees now would force applicants and petitioners to pay the cost of USCIS's own failures. USCIS must rescind the policies that have brought us to this current crisis. It must prioritize clearing the backlog of survivor-based applications and place limits on processing times for work permits and other applications to ensure the most vulnerable are protected. I thank the Committee for your attention to these issues, and I urge all Members of Congress to talk with their constituents and district office staff to learn more about the harm that these backlogs are causing. Congress must hold the USCIS accountable. We can right this ship and restore faith in our immigration system together. Thank you. [The statement of Ms. Bussey follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Thanks very much. Mr. Cohen? TESTIMONY OF ERIC COHEN Mr. Cohen. Chair Lofgren, Ranking Member Buck, and distinguished Members of the subcommittee, thank you very much for the opportunity to appear before you to discuss naturalization, the crippling naturalization backlogs at USCIS, and the policies and processes that have caused those backlogs. I am here representing the Immigrant Legal Resource Center, and for 40 years, we have provided immigration legal resources to practitioners. We also lead the New Americans Campaign, the single biggest naturalization collaboration in the history of the United States, which has helped over 400,000 people complete their applications. Our Nation's naturalization program is in a State of dysfunction, and USCIS is not adequately, fairly, and efficiently processing naturalization applications. Instead of remedying this situation, the Trump Administration's policies have exacerbated unmanageable backlogs. The wait to naturalize has ballooned to unacceptable levels, and the result is that naturalization applicants and their families are suffering. The naturalization wait time has gone from 5.8 months in 2015 to 10.3 months in 2017. As of March 2019, the average is 10 months. In Miami, Dallas, and New York, processing times for many cases have stretched to nearly 2 years. There are several reasons for these processing delays. First, this Administration does not prioritize addressing the backlogs and has not dedicated sufficient staff resources to clearing the backlog. In previous years where there was a backlog, USCIS made significant process clearing the backlog because it was viewed as a priority. Sadly, this is not happening under the Trump Administration. Second, this Administration spends an inordinate amount of time re-adjudicating determinations that were previously made, thus unduly delaying the process. In March 2019, we surveyed our NAC partners, New Americans Campaign partners, across the nation, asking them to report any changes in USCIS practice they have observed. Many of those surveys reported that naturalization interviews are lasting longer. In fact, on average, approximately twice as long than the past, thus contributing to the backlog. Respondents reported that USCIS adjudicators are also viewing naturalization applicants with more suspicion. In one case, the adjudicator asked for proof of marriage, even though the couple have children together and the marriage was already determined valid by USCIS during the green card interview. Often, adjudicator inquiries require applicants to provide information outside the scope of naturalization applications, thus delaying the adjudication. Our partners report that USCIS adjudicators are asking for travel history beyond the 5-year required statutory period and are questioning the legitimacy of fee waiver applicants' low-income status by asking irrelevant questions, even after the fee waiver has been approved. In one recent case, an 82-year-old Iranian woman applied for naturalization. During the interview, the USCIS adjudicator decided to revisit details of her asylum case, including the trauma she suffered in Iran, even though these details were vetted during the asylum interview 9 years earlier. She broke down during the interview and was unable to complete the interview, causing her to be denied naturalization. Lastly, USCIS policy directives have shifted its mission from a benefit-granting agency to one that erects barriers and serves as enforcer. These include proposing changes to the new naturalization application by adding vague and legally overbroad questions, inviting arbitrary and inconsistent adjudications, ramping up denaturalization efforts, engaging in ``extreme vetting,'' proposing restrictions to fee waivers, and considering substantial fee increase. Naturalization not only benefits the applicant, but it also benefits the U.S. economy. Studies show that increasing citizenship results in an increased GDP and increased individual earnings and billions in additional tax revenue. In 2013, I was fortunate enough to be invited to speak on a panel at the George W. Bush Presidential Library in Dallas, Texas. The event's focus was on naturalization and included a naturalization swearing-in ceremony at which President George W. Bush gave a wonderful speech. At one very powerful moment in the speech, President Bush told the soon-to-be American citizens, ``In a few moments, we will share the same title, a title that has meant more to me than any other, and I have had a lot. That would be citizen of the United States.'' Citizenship is an important part of the foundation of our democracy, and we should all work to ensure that our naturalization process is administrated fairly, efficiently, and reasonably. Thank you very much for letting me speak today, and I look forward to taking your questions. [The statement of Mr. Cohen follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Thank you very much. Ms. Vaughan, we would be happy to hear from you. TESTIMONY OF JESSICA VAUGHAN Ms. Vaughan. Thank you. Every single day, USCIS officers face the challenge of balancing their responsibility to make the correct decision on sometimes complicated applications with the need to do so within a reasonable timeframe. It is something I did on a daily basis when I was a consular officer adjudicating visa applications. Officers always have to be on the lookout for fraud, which is sometimes rampant, depending on the category, or for people who are safety or security risks, and that is not always easy to detect. On top of it, the agencies are constantly subject to pressure from special interest groups, such as employers that sponsor foreign workers and immigration attorneys who are sometimes pressuring the agency to adopt policies or practices that they believe favor their business or clients, and especially to make decisions faster. Too often, USCIS leadership has succumbed to this pressure and, as a result, has overemphasized swift processing at the expense of correct and fair adjudication, with disastrous results for American workers and others who suffer harm because of rushed decisions or questionable prioritization of cases. Adding to the challenge, USCIS has to follow a cumbersome procedure for setting and collecting fees that cover the actual cost of adjudicating applications and subsidizing some applications. This leads to chronic understaffing, which hinders productivity. As we have heard, USCIS has to deal with what are essentially unfunded mandates at an agency that depends almost completely on fees, such as processing record numbers of asylum applications and work permits for them. This afternoon, we have heard a lot of criticism of some changes that the Trump Administration has made to improve the screening of applications and to address the fraud and the gaming of the system. Most of these, like the interview requirement and the issuance of NTAs, are just common sense, and I address them in more detail in my written statement. Others, like ending the deference policy and allowing for the refusal of frivolous applications from the get-go, help unclog the system so that the legitimate applicants are not disadvantaged. Some of these changes' advocates complain about actually have reduced processing times. Advocacy groups have been silent on a policy change that is most responsible for the backlogs before the election cycle, and that was DACA. Since 2012, DACA has added more than 2.4 million applications to the USCIS workload, 910,000 initial applications and more than 1.5 million renewals. If you examine the charts in the USCIS testimony, you can see that the concerning growth in the backlogs began shortly after DACA was implemented. To be sure, the naturalization and asylum surge made the backlogs worse later, but the DACA workload is still a major contributor to the problem. The USCIS testimony we have just heard confirms that DACA was responsible for about three-quarters of the backlog growth that occurred before 2016. The biggest growth, we heard this afternoon, occurred from 2016 and 2017, which is before the Trump Administration policy changes. Even more consequential than the size of the DACA program is the fact that the fees for DACA did not cover the true cost of processing the application. Essentially, the DACA applicants got their benefit for half price. This meant that USCIS couldn't hire enough staff for the job and had to cut corners in adjudicating the applications. It also meant that the applications of legal immigrants, especially family applications, were sidelined. To add insult to injury, because the DACA benefits were given at half price, these legal immigrants had to subsidize the cost of the DACA program through the visa they paid. I commend the Committee for its concern over the backlogs, and I share those concerns. If Members are looking for ways to actually improve the situation instead of just looking for pretexts to use the backlogs as a cudgel against the Trump Administration and as cover for restoring policies that are too lax, there are options. First, don't add to the problem by creating programs that add to USCIS's workload without generating resources to cover the staff and infrastructure needed to administer the program properly. Do not legislate changes that result in looser screening just to please employers who want it to be easier to replace U.S. workers. Also focus on finding ways to enable USCIS to be more nimble in setting fees and putting them to use on behalf of the applicants. Under the Bush Administration, USCIS received a large appropriation from Congress to address the backlog. In my view, this ideally should not come from taxpayers, but perhaps in the form of surcharges collected from employers or others who benefit from our immigration problems. Another option would be to allow USCIS to impose a surcharge on DACA renewals to help make up for the impact that that program has had on the backlog. Above all, remember that we must not compromise security and the integrity of our immigration system to please special interests. [The statement of Ms. Vaughan follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Thank you very much. Thanks to each one of you for your testimony, as well as your written statements that are part of our record. I would turn now to the Ranking Member for any questions or statements he may have. Mr. Buck. First, I just want to say sorry. I wish we had more Members, and I wish we hadn't had votes interrupt the hearing, and I very much appreciate you being here. It is an important issue for both sides of the aisle, an important issue that we want to solve. We may have differences of opinion on exactly the cause of the problem, but reducing the backlog is something that is very important. There are three parts of my job that I really like, and only three parts. [Laughter.] Mr. Buck. None of them happen in the swamp. First, I get to nominate students to academies, and I am extremely proud of that. Second, I get to congratulate participants in the annual art competition, and I am extremely proud of that. Third, I get to attend naturalization ceremonies. It is a thrill that I wish all Americans could participate in and understand exactly the life-changing event that occurs for all those who are joining us as American citizens. I think we heard from three nonpolitical civil servants, career individuals who spent their lives trying to implement a program efficiently and effectively. They identify a number of the challenges, and I am hopeful that we can, as a Congress, as a legislative body, support their efforts to make sure that we are allowing the right people to become U.S. citizens and as many of the right people as possible to become U.S. citizens because of something that--I look at my grandparents who came here from Norway, and I think that all of us can identify relatives who have immigrated to this country, relatives who we are very proud of, who took the risk to come here. I am thankful for the chair for calling this hearing, and again, I wish we had greater participation. So, thank you very much for being here. Ms. Lofgren. The gentleman yields back. I would like to, Ms. Lindt, go to your testimony regarding the RFEs that are skyrocketing, and it appears that from your testimony, that in the beginning of this fiscal year, 60 percent of the H-1B petitions had RFEs, which is a huge amount. I am wondering what could be the cause of that? What is the impact of that on the business community? Specifically, obviously I represent Silicon Valley, but there are a lot of H- 1B renewals and applicants in the medical arena, especially in rural underserved areas, of physicians. Can you address any of those issues? Ms. Lindt. Certainly. I thank you. I am not sure I can speculate as to the cause of it, and it is particularly confounding to us who practice in this area because we are seeing Requests for Evidence issued on cases where the agency has already looked at that case, sometimes numerous times, for again the same employer, the same job, the same circumstances. So, it is confounding to see this uptick in RFEs and having to establish yet again, and this time with a higher level of burden at the RFE stage, why this is a specialty occupation. I can certainly address the impact on employers because I see this day-to-day in my practice. I think the key impact is that it is making from the employer side very, very difficult to plan. These are companies that are trying to run a business. Whether it is a software engineering firm, whether it is a manufacturing company, whether it is an R&D company, they are trying to run their business. Part of running their business is recruiting and retaining talent, and we are in a very tight job market. In addition, often these companies or universities or other employers are looking for people with particular skills so that, again, they can run their business, or they can continue to be on the cutting edge of the sort of research that they might be doing, and it is very difficult to plan. The delays are really exacerbating that. The RFEs are especially exacerbating that because it adds a whole level of uncertainty, both in terms of timeframe and in terms of outcome, to staffing these important positions. Ms. Lofgren. Mr. Buck and I helped lead a successful effort, House vote on a bill to ultimately eliminate the per cap for allocation of visas on the business side. Until that becomes law, we know that there are visa holders from certain countries facing these extraordinary waits. I will just give you an example. Somebody came to me not from my district, but an M.D. who is waiting and waiting. It is the same employer. He is the same medical doctor. He has the same patients, and now he is getting Requests for Evidence on the renewal. Are you seeing some of that in other fields as well? Ms. Lindt. Certainly. We see it, and we have also heard reports from other Members within our association also in the medical area, but we are seeing it across the board in a lot of different industries, a lot of different types of employers. I represent employers in financial services and management consulting, in R&D, again in manufacturing. We are seeing these Requests for Evidence affect a lot of different industries and making it difficult for these employers again to staff these positions. Ms. Lofgren. Let me ask you, Ms. Bussey, your story about the priest not getting timely approval and not being able to meet the pastoral needs of his flock, including last rites, was pretty striking. I am wondering, based on your observation, can you give us some examples of how the USCIS decision to end deference to prior visa approvals for religious workers has impacted the religious community and their parishioners? Ms. Bussey. Absolutely. In fact, I brought an R petition with me today so I can show you what it looks like. A couple years ago, this petition, which is 269 pages long and would be filed in duplicate. A couple years ago, this application would have been about 100 and some pages, but because we are re- adjudicating applications and because USCIS is issuing RFEs on cases, the very first petition that is going to be filed is going to be frontloaded, trying to offset, and trying to mitigate an RFE. A renewal petition is also going to be a lot more evidence that the agency is going to have to get through. This is an RFE response. This is 191 pages long. When diocese and religious orders are having to respond to Requests for Evidence of this nature, and by the way, the R visa is only limited to 5 years. We don't get extensions of R beyond 5 years. When there is a perpetual cycle of responding to Requests for Evidence, they are left with having to send the pastor, the priest, back home to wait for their applications to be processed. What does that do? That takes a pastor, it takes a leader, a religious leader outside of their community that they have been ministering to for 5 years. Someone who has cultural proficiency potentially in that neighborhood or in that community, language skills. It takes them out of that neighborhood, back to their home country. Then the congregation is waiting for an indefinite period of time for them to return, if they ever return. That is a lot of money spent by the diocese, frankly, and a lot of hurtful, heartbreaking consequences. When community Members lose their pastor, they lose their connection to God. Ms. Lofgren. Well, I see that my time has expired. So, in fairness, I will call a halt to my questions. I will note that our record is open for 5 days, and we may have additional questions for each of you. If so, I would ask that you respond, if possible, in a prompt way. I do appreciate your testimony. It has been very helpful to hear, and not just your written testimony, but the material that you have provided to us. People don't realize that witnesses are volunteers. No one is paid to be here, and we appreciate the effort that you have made to inform the U.S. Congress so that we can make good decisions. With that, unless there is something further, this hearing is adjourned. [Whereupon, at 2:58 p.m., the Subcommittee was adjourned.] APPENDIX ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] QUESTIONS AND ANSWERS FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]