U.S. Citizenship and Immigration Services announced efforts to reduce the backlog of immigration processing. Three specific actions include the expansion of premium processing for additional form types, timelier delivery of employment authorization documents, and agency-wide backlog reduction goals. The Biden administration is focused on reducing caseloads and processing times and simultaneously ensuring all applicants and petitioners have access to fair and efficient services.

Backlog Reduction

New internal cycle time goals are developed for USCIS. These internal metrics provide guidance to USCIS employees on how to approach the backlog, providing specific targets. The improvement of cycle times will lead to more efficient processing times, providing decisions to applicants and petitions more quickly. In addition, USCIS will continue to improve technology, increase staffing and capacity to attain the new goals by the end of FY 2023.

USCIS posted processing times reflect the average time required to reach a decision for a particular form. The time is measured from receipt by USCIS to the decision made on the case. Cycle times are calculated as the number of months required to resolve pending cases by form. This metric is used by USCIS operational divisions to track progress.

Expanding Premium Processing

The Department of Homeland Security (DHS) announced the expansion of the premium processing offering. The policy better aligns with the Emergency Stopgap USCIS Stabilization Act. The rule affirms adjudication timeframes as outlined by Congress and fees for premium processing.

Premium processing is now available for:

  • Form I-129, Petition for a Nonimmigrant Worker
  • Form I-140, Immigrant Petition for Alien Workers for specific employment-based immigrant visa petitioners
  • Form I-539, Application to Extend/Change Nonimmigrant Status
  • Form I-765, Application for Employment Authorization

A phased approach for premium processing availability for Form I-539, Form I-765, and Form I-140 will be used for the fiscal year 2022. Per Congress, the expansion of premium processing availability cannot negatively impact regular immigration benefit requests.

The phased implementation of premium processing eligibility will begin with filers of Form I-140 requesting EB-1 immigrant classification as an executive or manager or EB-2 immigrant classification as professions with advanced degrees or those qualifying for a national interest waiver.

Employment Authorization Document Access

The Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants is seeing progress. Streamlined processes for many EADs are showing positive results. The extension of validity periods for qualifying EADs and expedited renewals for qualifying individuals are easing the process. USCIS’ goal is to continue to see improvement to ensure qualifying individuals don’t lose their work authorization status while their cases are awaiting review.

ILBSG continues to actively monitor ongoing updates from USCIS and all government outlets charged with immigration processing. We ensure our clients get the right advice for their specific situation, given the changes being enacted. Contact us to see how we can help you, too.

I-129 I-140 I-539 I-765 Premium processing