OIG Report Criticizes USCIS Mismanagement of the U Visa Program
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The Office of Inspector General (OIG) for the U.S. Department of Homeland Security (DHS) has published a report, reprimanding the USCIS for not effectively managing the U visa program. In the report, the OIG proposes five recommendations for the U.S. Citizenship and Immigration Services (USCIS) to take corrective actions.
The U Visa Program
The Victims of Trafficking and Violence Prevention Act of 2000 created the U visa category. U nonimmigrant status is available to non-residents who have been victims of certain crimes, including domestic violence and sexual assault, and who are or have been useful to law enforcement in the prosecution or investigation of those crimes. The goal of the U visa is to support foreign nationals who are victims of specific violations forward and cooperate with law enforcement authorities.
Findings of the DHS OIG
The OIG review observed that the USCIS has not adequately managed the U visa program and has not taken steps to address recommendations from previous program reviews. Moreover, the OIG pointed to a number of specific areas of concern.
First, the USCIS didn’t properly screen petitions for fraud, with the OIG. Finding at least ten approved petitions with forged, unauthorized, altered, or with suspicious law enforcement certifications. Further, the USCIS did not track the results of U visa program fraud referrals. Thereby discouraging individuals from reporting suspected fraud and missing opportunities to address fraud risks.
Second, the USCIS didn’t establish quantifiable and measurable performance goals for the U visa program. Third, USCIS data systems didn’t precisely track and monitor the number of U visas granted. Finally, the USCIS didn’t actually deal with the growing backlog of petitions and neglected to offer timely protection to U visa victims. As indicated in the report, a victim petitioning in 2021 likely would wait ten years or longer to get a U visa.
Recommendations of the DHS OIG
Based on the above finding, the OIG recommended that the USCIS implement additional controls to mitigate fraud risks. For example, requiring certifying officials to submit signed forms directly to the USCIS.
The OIG recommended that the USCIS improve data systems to guarantee accurate reporting of U visas granted and to develop a plan. To track the result of U visa-related fraud referrals to further reduce fraud risks. The OIG also advised the USCIS to resolve backlogs and timely protect eligible petitioners awaiting initial adjudication. Further, the OIG told the USCIS to improve performance record-keeping to guarantee the achievement of the program’s purpose.
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In response to the report, the USCIS concurred with some recommendations however disagreed with some of the findings of the OIG. Also, the USCIS noticed that it has taken steps to address some of the worries raised by the OIG.
Conclusion
The USCIS should make a move to safeguard the integrity of the U visa program. Also, the USCIS should guarantee that fraudulent petitions are not approved and take steps to give timely protection. To foreign nationals with legitimate cases, given the tremendous backlogs in this visa category.
