A report for fiscal year 2021 from the U.S. Citizenship and Immigration Services (USCIS) showed a near tripling of backlog for all case types when compared to FY 2019. In addition, the Q4 2021 report is the start of FY2022 for USCIS. At the end of FY 2019, USCIS shows a backlog of 2.5 million cases. At the end of FY 2020, the backlog doubled to 6.1 million pending cases. For FY2021, the backlog grew to 8 million cases, more than tripling the FY2019 count.

The backlog is the result, in part, of the COVID-19 pandemic which closed many processing centers. In addition, staffing issues, policy limitations, and USCIS’ inability to process many visa application types electronically limited the ability to work the backlog down. Although the backlog growth rate for FY2021 was not as high as FY2020, it continued to grow.

In FY2021, USCIS received approximately 8.84 million immigration applications. An estimated 69% of those were approved. Over 800,000 applications were denied. In total, USCIS reviewed and submitted a decision on roughly 80% of all applications for FY 2021.

Application Numbers Continue to Rise as Backlogs Explode

Overall, applications received by USCIS grew in 2021 by 18%. Looking at the quarterly information, in the fourth quarter of 2021, October to December 2021, the approval rate increased to 81% from just shy of 58% in the third quarter. Similarly, the denial rate also grew from roughly 7% to 10% for the fourth quarter of 2021.

The approval rate went from 85% in FY2020 to 69% at the end of FY2021. Denials also dropped, from 11.5 in FY2020 to 9% for FY2021.

Employment Authorization

The backlog for Employment Authorization Documents (EAD) surged dramatically, going from 1.97 million in FY2020 to 2.61 million at the end of FY2021. The overall number of EADs submitted returned to pre-pandemic levels and grew by 400,000 applicants. The related backlog went from nearly 650,000 at the end of FY2020 to 1.48 million at the end of FY 2021.

Fiancé(e) Visas

The total number of submissions for the K-1 visa fell by 2.6% in FY2021. However, USCIS completed 16% fewer applications. As such, the backlog grew by 44%, going from just over 21,000 at the end of FY2020 to roughly 30,500 at the end of FY2021.

The added complexity of the closure of U.S. embassies and consulates around the world led to an additional backlog as individuals with approved I-129F petitions then joined the consular interview backlog.

DACA

The program continues to be contested in several court cases in 2021 and uncertainty remains. Over 400,000 applications for DACA were received in FY2021, a growth of 31% from FY2020. Roughly 82% of the FY2021 submissions were approved. At the end of FY2021, there are over 130,000 pending DACA applications, an increase of 140% in the backlog over the course of one year. There are some extenuating circumstances around DACA as the change in administration supports the program.

Hundreds of Thousands of Green Cards Wasted due to Inefficiency

Approximately 230,000 available green cards were not issued in FY2021. In addition, 150,000 family-based visas and 80,000 employment-based visas not issued expired at the end of FY2021. Without congressional action, these visa allotments simply disappear.

Congress approves the total allotment for visas. Generally, 675,000 immigration visas, or green cards, are allotted annually. Of the total, 480,000 are reserved for ‘family preference’ immigrants. Employment-based visas are allotted at 140,000 per year. Diversity visas are an additional 55,000 per year. Unused family-based green cards at the end of the fiscal year are then available for the following year’s employment-based green cards.

FY2020 saw a large decline in family-based green cards, resulting in roughly 122,000 unused family green cards. These were then added to the 140,000 employment-based green cards for FY2021 for a total of 262,000. If they then go unused, as nearly 80,000 did, they are removed from further recapture, without Congressional action. The Build Back Better Act from the Biden Administration does propose the reinstatement of a few years of unused visas. This Act is stuck in Congress and will be closely monitored.

Over 9 million green card applicants are stuck in the backlog, with 7.5 million on the family-based side and 1.6 million for employment-based visas as of 2020.

Family-based green cards

USCIS received over 750,000 petitions for family-based green cards for FY2021. Denials fell in FY2021 to just under 11%. In addition, over 300,000 adjustment of status applications were received in FY2020 but only roughly 290,000 in FY2021. Approvals grew from roughly 230,000 in FY2020 to over 260,000 in FY2021. Denials fell in FY2021, down to 44,000 from 53,000.

However, the family-based backlog grew over 50% from FY2020 to FY2021, ending the period with nearly 350,000 pending cases at the end of FY2021. The total family-based green card backlog from USCIS and the Department of State ended FY2021 at 1.6 million cases.

Employment-based green cards

USCIS approved over 160,000 employment-based green card applications for FY2021, up over 1,000% from 13,000 for FY2020. The lower FY2020 submissions are in part a result of the global COVID pandemic.

Regulations that limit the number of green cards issued to any one particular nation per year are driving the growing backlog, along with growing demand for international talent. Although USCIS did have increased availability of employment-based green cards in FY2021, their ability process applications due to the global pandemic resulted in continued growth in backlog, despite having additional visas allotted for the year.

The estimated employment-based green cards backlog is 7.5 million cases, which includes USCIS and the Department of State submissions. The recapture of lost visa numbers from previous years is included in the current administration’s Build Back Better Act.

What these numbers mean

Per USCIS, there were 2.5 million cases in backlog at the start of FY2020 due to an ‘unanticipated increase’ in filings following the 2016 presidential election, growing complexity in processing applications, longer and more complex forms, new policy decisions, and an increase in security checks. At the start of FY2021, the backlog grew to over 6 million cases, going on to over 8 million by the end of FY2021.

The impact of the growing backlog is dramatic for individuals, companies, families, and the U.S. as a whole. USCIS is making active efforts to streamline processing.

 

What is USCIS doing about it?

Some adjustments to processing requirements include reusing biometrics for an estimated 2.5 million applicants which almost cleared the biometrics appointments backlog. In addition, no additional backlog is created as cases can continue to process. Expanded staffing and the approval of overtime hours at Lockbox facilities are further helping address the backlog.

In-person interviews are optional at U.S. embassies and consulates for qualifying individuals. The decision falls to the individual consular officer. This is another effort to reduce backlogs.

Additional H-2B visas will soon be available for FY22 for U.S. employers to hire additional workers before March 31, 2022.

However, the best chance to reduce the backlog comes in the Build Back Better Act. Currently, the effort is stalled in Congress.

ILBSG continues to monitor ongoing policy updates and changes to ensure our clients get the right advice and are prepared to act quickly. If you have questions about your immigration-related issue, contact us. We work with you on your specific situation and put our expertise and experience to work for you.

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