I recently moved to a new office space. Which meant moving boxes and boxes of paper files.
Many of my immigration law clients are surprised to find out how many forms we still file via paper copy.
We File Most USCIS Forms on Paper
While we would love to file more forms electronically, and US Citizenship and Immigration Services (USCIS) encourages us to do so, some forms we need to submit are not yet available for electronic filing.
Even with the forms available online, some circumstances preclude that method.
For example, this past H-1B cap season, you could file the H-1B petition online, but not if the beneficiary was married or and the spouse needs to file a change of status application for employment authorization.
USCIS clearly intends to move as much of the filing online as possible, but their system is currently clunky and unreliable in certain situations.
It is difficult to link the foreign national’s account to the account of the attorney representing them. Few clients want to take the risk of the link not working and appearing to lack representation.
Benefits of Filing Online: Proceed with Caution
There are some pros to applying online. While USCIS raised filing fees in April, they offer a $50 discount for many forms filed online.
Forms filed online generate a same-day receipt. We’ve waited two weeks or more for receipts acknowledging our paper applications.
USCIS tends to review and approve forms filed online faster as well.
Despite these benefits, the glitches and limitations in the system make online form filing appear to be a work in progress and not 100% reliable. We choose what petitions we file online carefully.
And we are not alone.
Recently, I attended a conference of immigration attorneys. There were 50 or 60 of us in a room and someone asked who among us were filing forms online for H-1B cap season. Not one attorney raised a hand.
We look forward to the ease of filing online once USCIS has accommodated our clients’ situations and smoothed the process.
For now, paper filing remains our go-to method, except in limited circumstances.
If you have any questions or would like help filing forms with USCIS, please call me at 630-262-1435.