Anyone filing applications with USCIS knows that the system is plagued by backlogs, bottlenecks and unreasonable processing times. Even before the Covid shutdowns and disruption of office closures, the system was contending with a huge mismatch between high case volume and limited resources. The outbreak of Covid-19 exacerbated the problem, as cases got lost in the system and processing times changes from months to years.
Lawsuits followed, as attorneys and clients turned to the Courts for the issuance of Writs of Mandamus to compel USCIS to process applications within a reasonable period of time. Faced with a flood of lawsuits, and bad publicity and strong pressure from stakeholders, in March 2022, USCIS issued a memo entitled “New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders.”
The USCIS announcement encompassed three specific initiatives aimed at reducing backlog and congestion. These are: 1) Reducing Processing Backlogs, 2) Expanding Premium Processing and 3) Streamlining Employment Authorization.
In reference to reducing processing backlogs, USCIS is adopting new internal targets, with plans to increase staffing, upgrade technology, improve productivity, and otherwise take steps to reduce the agency’s “internal cycle time goals.” So, for example, the agency is working towards improving processing times for I-129’s (H’s, L’s, O/P’s, etc.) from an uncertain 6-9 months to two months, for I-765’s, I-131’s and I-539’s (Employment Authorization, Advance Parole, Changes of Status) from unknown to three months and for N-400’s, I-140’s, I-130’s (naturalization, employment-/family-based Petitions) from ? to six months. According to USCIS Director Ur M. Jaddou, the agency expects to achieve these new goals by the end of FY 2023.
In reference to Employment Authorization, USCIS is already making inroads into its backlog by reducing the number of cases in the system. For example, by increasing the validity period for EAD’s from 1 year to 2 years, the agency is reducing the number of renewal applications in the system. Also, by eliminating the EAD requirement for L-2’s and for spouses of E-2’s, USCIS has also reduced its workload. By reducing workload, USCIS is able to better use its available resources to process and approve pending applications. As a further measure, USCIS has implemented a period of automatic extension and increased the validity period of certain H-4/EAD’s so that individuals with long-pending applications do not face disruptions to their authorized employment.
Finally, as a further means of addressing complaints regarding its processing times, USCIS is expanding its Premium Processing program to include additional categories of applications. At present, USCIS accepts Requests for Premium Processing (I-907) for several types of non-immigrant applications i.e. H’s, L’s, TN’s and for several categories of immigrant visas. As part of its March 2022 announcement, USCIS expressed its intention to scale up the program to make premium processing available for Forms I-539 (application to change/extend status), Form I-765 (application for employment authorization) and Form I-140 (to now include multinational managers).
As part of that implementation, as of September 15, 2022, USCIS will now accept Requests for Premium Process for long-pending Petitions for “multinational managers” and for “national interest waiver” applicants. As USCIS is introducing Premium Processing gradually, only I-140’s for “multinational managers” filed before January 1, 2022 and for NIW applicants before February 1, 2022 will be eligible for premium processing.
USCIS has committed to increasing its capacity, streamlining technology, and expanding personnel to reduce case backlogs – while emphasizing a fair and efficient process to applicants and petitioners.
Although USCIS has announced its intention to expand Premium Processing to include for Applications for Employment Authorization, this part of the initiative is still in the planning stage. For additional information on Premium Processing, see. For questions on USCIS initiatives to manage backlog and improve processing times, contact us.