For those of us practicing in SoCal, the problem of repetitive, unduly burdensome and sometimes overreaching Requests for Evidence is nothing new. Now, it seems that enough complaints have reached Congress to trigger a promise by USCIS Head Alejandro Mayorkas to take steps to resolve the situation.
Requests for Evidence (known as RFEs) are formal written requests sent by USCIS officers after a visa application has been filed, if after review they realize the application is either missing some supporting documents or needs clarification. For example, if you file a marriage petition, the USCIS may request additional documents asking for proof that you are cohabiting or that you are commingling your finances or what not. For employment visas, the USCIS may ask for additional evidence that the employer has the financial ability to pay the prospective employee (tax returns, payrolls, etc), or that the employee is qualified for the position (degrees, letters of experience etc).
RFEs are great if used appropriately. Rather than incurring the waste of time and money in rejecting a visa application, the USCIS cashes the filing fee, gives it a case number and a priority date (very important) and then allows the person to supplement whatever is missing.
The problem is that in practice, those of us who are in the private bar, have seen too many RFEs, particularly in the employment visa category, that demonstrate the officer has either not looked at the application or else is deliberately trying to stall the processing. This is particularly egregious when you pay an extra couple of thousand dollars in a premium processing fee to ensure that your application is processed faster and more efficiently. I can't tell you how many responses I had to write back beginning with the sentence "The evidence requested has already been attached to the initial filing application, please see Exhibit Tabs A, B, C etc."
As I wrote in an earlier blog, these types of undue delay can jeopardize a job particularly if the job is time sensitive. Foreign actors, or musicians, hired for a particular concert or theatrical performance, cannot afford to miss their scheduled appearance without causing significant financial backlash.
To be fair, I think the problem is not that the officers are lazy or incompetent. Actually I have always believed and always stated that they are overworked and underpaid. Naturally, they then try to shift their incredible burden onto the customer. I hope that Mr. Mayorkas and Congress can recognize that the first step in improving procedures at the California Service Center and other particularly busy centers is to hire more and train better. If they cannot spend more money, at least rearrange the budget to fill these needs. You can read more about this issue in the Los Angeles Times here.
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