US Citizenship and Immigration Services (USCIS) announced aFinal Rule Expanding Expedited Processing, which would allow employers and individuals to pay higher fees in exchange for faster processing times for certain immigration categories. USCIS also announced an interim final rule on employment authorization renewals aimed at reducing delays and processing times. Long-awaited employers, lawyers and foreign nationals have welcomed the expanded expedited processing, but the timeframe for implementing the measures is expected to be faster than announced.
Why rules matter:USCIS processing times are long and continue to be a major complaint for individuals, employers and attorneys dealing with the US immigration system.Catherine Lamper,Michelle Hackman,Jordan,and a birdand other reporters described the impact of long delays on spouses and others of H-1B visa holders awaiting Employment Authorization Documents (EADs) or EAD renewals.Baniasand other companies have filed lawsuits asking USCIS to expedite their cases.
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The extension of premium processing does not address USCIS processing issues. However, it provides the agency with more revenue that can be used to address these issues, and it can help individuals and their employers overcome delays in processing by paying an additional fee. The new rule fulfills a mandate from Congress.
What does the priority treatment rule do? :In the appropriations bill signed into law on October 1, 2020, the USCIS Stabilization Act expanded USCIS's authority to "establish and collect additional processing fees." USCIS said it will implement premium processing in phases because, by law, it cannot exacerbate existing wait times by implementing or expanding premium processing.
USCIS to expand expedited processing of formsI-539(request to change/extend condition),I-765(Application for employment permit) andI-140(application for foreign labor immigration) as soon as possible. "DHS plans to implement the strategy in phases to allow current premium processing revenues to cover development and implementation costs associated with increased service availability," USCIS said.
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"The Department of Homeland Security plans to implement extensions for certain categories of I-539, I-765, and two new I-140 classifications in fiscal year 2022," USCIS said. "DHS estimates that it will not be able to expand premium processing to other categories of Forms I-539 and I-765 by fiscal year 2025 because premium processing revenues may not yet exist to cover the potential costs of hiring additional staff. Clerk . Extend expedited processing to these additional categories, as directed by Congress, without adversely affecting processing times for other benefits."
The rule takes effect 60 days after publication in the Federal Register. These forms will first qualify for expedited processing:
· "Form I-140 to apply for EB-1 immigration classification as a multinational executive or manager or EB-2 immigration classification as a member of a profession with an advanced degree or exceptional ability to seek a National Interest Waiver (NIW). Fee : 2,500 DKK Duration: 45 days;
"Form I-539, Application for Change of Status from Nonimmigrant F-1, F-2, J-1, J-2, M-1, or M-2 Status, or for Change of Status or Extension of Status in E-1, E -2, E-3, H-4, L-2, O-3, P-4, or R-2 nonimmigrant status Fee: $1,750 Deadline: 30 days Yes
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"Form I-765, Application for Employment Authorization. Fee: $1,500. Deadline: 30 days."
“DHS prioritizes certain categories of Form I-765 processing,” USCIS said. "DHS expects to begin processing advanced employment for students applying for optional practical training (OPT) and exchange visitors in FY 2022. authorization file."
Regular analysis:"The new expedited processing rule is a welcome step forward for USCIS and provides an important opportunity to alleviate some of the high processing delays experienced by some individuals and businesses," Fragomen's Kevin Miner said in an interview. "However, much remains to be learned. . . The rule specifically states that while USCIS intends to implement expedited processing for certain EADs (employment authorization documents) and accessory extensions this year, it may be several years before expedited processing is expanded." " for all classes of EAD and ancillary extensions.
"If it takes years for the agency to implement it, then just making the rules won't help. I want USCIS to be strategic in how it handles that implementation. For example, if the agency is doing Implementation of expedited processing of applications, which will greatly assist individuals and businesses while allowing USCIS to manage their workload.The rules already in place to extend EADs, with timely filing updates, coupled with the ability to process initial EAD applications, will be to great advantage Helps to solve the very difficult disturbances in the work authorization that we see so often."
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"While the stakeholder community is grateful for the relatively quick expansion of expedited processing to other I-140 categories, the delayed implementation of Forms I-539 and I-765 is disappointing," said Dagmar Butte of Parker Butte and Lane. “In general, since I-140 applicants already have status and work authorization while they wait for their application to be processed, those most affected by the ongoing delays are those who were unable to work prior to the I-539 (application on change/extension of status) and I-765 (application for employment authorization) were adjudicated."
“EAD is included in the regulations,” Miner said. "We know that advanced EAD processing will cost $1,500 and will be adjudicated within 30 days. The big question is how long USCIS will implement expedited processing on EADs and which EADs will be expedited. The rule is ruled of the Agency did so by posting a notice on its website, so we will have to wait and see.”
New USCIS “Cycle Time” Processing Goals:also immigrationpublishSet new internal "cycle time" targets. “Cycle time measures the number of months awaiting a decision on a particular form,” USCIS said. "As an internal management metric, cycle time is generally comparable to the agency's publicly disclosed average processing time. Cycle Time Hour is a metric used by USCIS operations to measure how much progress the agency has or has not made in reducing backlogs and overall case processing times."
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What are the cycle time goals for individual USCIS forms?
-two weeks:I-129 and I-140 (expedited processing);
-two months:I-129 (no expedited processing required);
-three months:I-765, I-131, I-539, I-824;
-six months:N-400, N-600, N-600K, I-485, I-140 (sin processamiento premium), I-130 Familiar inmediato, I-129F Prometido(a), I-290B, I-360, I-102 , I-526, I-600, I-600A, I-600K, I-730, I-800, I-800A, I-90, I-821D Renovaciones".
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Critics of USCIS may see these goals as aspirational. But there is an advantage to benchmarking federal agencies because it helps centralize decision-making. "As cycle times shorten, processing times will continue to increase and applicants and petitioners will receive decisions on their cases more quickly," the agency said. "USCIS will increase capacity, improve technology and expand its workforce to meet these new goals by the end of FY23."
Interim Final Rule on EAD:Foreigners servicestable"Proceed towards ainterim final ruleIt is currently called the "temporary increase in the automatic file and employment authorization extension period for certain renewal applicants."
"I don't think anyone reads the text, but judging by the title, I think they should extend the 180-day automatic extension that you can get by submitting timely updates for certain EAD categories," said Kevin Miner, " This helps especially with EAD adjustment of status, we have had many cases where EAD renewals have been filed early within the time allowed by USCIS (6 months), but in some cases the processing time takes 13 or 14 months, individuals can still end up with gaps in work permits..
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"By extending the automatic extension period to 240 days, as they have done with H-1B, L-1 and other categories of nonimmigrant [temporary visas], it will provide a better buffer and avoid these gaps. It can also reduce the number of expedited EAD requests that the agency must process significantly, allowing them to better allocate resources internally.”
Nothing prevents USCIS from proposing broader solutions, includingprocess change, which would limit the need for individuals to submit employment authorization applications as well as the agency process. belowRecently settled, USCIS agrees to "issue policy guidelines determining L-2 spouses' right to state employment." (This means you do not need to submit an initial application for employment authorization.) There may be statutory differences for spouses of L-1 visa holders. However, USCIS may consider different regulatory or administrative actions in other categories. Miner pointed out that regulation will not be quick. On the other hand, USCIS has proposed a possible three-year phase-in of the expedited processing rules.
The Trump administration has enacted many policiesdesigned to make it more difficult to get approvedIn the different immigration categories, therefore, making the process more difficult,Cases pile up, waiting times increaseAccording to an analysis by the American Political Foundation, the number of pending cases at USCIS under the Trump administration increased by 37 percent, from 4.7 million to 6.4 million, from the first quarter of fiscal year 2017 to fiscal year 2021. The trend continues. .
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Immigration chief Ur Jaddou started his job less than eight months ago and inherited a train wreck that observers believe has been years in the making. Ultimately, Jaddou and USCIS will be judged on their ability to reduce wait times for immigration benefits. Expanding expedited processing, providing more leeway in employment permit renewals, and setting clear goals to reduce processing times are steps in the right direction.
FAQs
Is USCIS speeding up in 2023? ›
In the first few months of 2023, we have continued to see improvements in processing times for many petitions and applications. For example, the current processing time for the I-129 petition is approximately 2 months.
How long does it take for USCIS to respond to expedite request? ›The processing time for an expedited request with USCIS is anywhere from 30 to 45 days. Sometimes, users see a response within 10 to 15 days, but it all varies by case and situation.
How do you write a strong expedite request? ›My name is Maria, and I am requesting to expedite the case of my father, Jose Chavez, NVC case number XXXXXX, because I am facing an emergency medical condition and need him to help care for me during my surgery (put the reason that applies to your case here).
How do I get USCIS expedite request approved? ›To make an expedite request, one must contact the USCIS contact center, provide necessary information, and submit supporting documentation. The expedite request is then tracked, and a decision is communicated through email.
How accurate are USCIS processing times 2023? ›USCIS processing times are quite accurate but are subject to change without prior notice. For example, the USCIS processing times I-130 may be influenced by an error on the petitioner's side or even the USCIS themselves.
Why is USCIS taking so long to process 2023? ›One major reason for the slower review times is that immigration forms have significantly increased in length over the last two decades, from fewer than 200 pages total in 2003 to more than 700 pages total in 2023. Overall, 93% of USCIS forms have grown in length since their introduction.
What happens if expedite request is denied? ›If USCIS denies your USCIS case expedite requests, you can submit an appeal of the denial. Appeals on case expedite requests can take a long time to process, so keep timing in mind when making an appeal. The USCIS Administrative Appeals Office (AAO) processes appeals on expedite request denials.
Can I ask USCIS to expedite my case? ›Immigration benefit requestors may request that USCIS expedite the adjudication of their applications or petitions. USCIS considers all expedite requests on a case-by-case basis and may require additional documentation to support such requests.
What happens if my expedite request is approved? ›#USCISAnswers: If your expedite request is approved, USCIS will take your application or petition out of date order and issue a decision faster than the normal processing time.
What are valid reasons to expedite? ›In the context of an expedite request, humanitarian reasons are those related to human welfare. Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time.
What does please expedite the issue mean? ›
: to accelerate the process or progress of : speed up. 2. : to execute promptly.
How do you ask for an expedited response? ›Immediately / without further delay
“As this matter is urgent, I would appreciate a reply as soon as possible.” “I would be grateful for your prompt reply.” “I look forward to hearing from you as soon as possible.” “I look forward to hearing from you at your earliest convenience.” (Slightly old-fashioned.)
We hereby request expedited processing of Mr./Mrs./Ms. _____________________'s passport application in order that he/she can meet our scheduled itinerary and to perform his/her company related assignment. Thank you in advance for your favorable consideration of this request and your anticipated professional courtesy.
What is an example of expedite letter to USCIS? ›Sample Expedite Request Letter to USCIS for H4 EAD Faster Processing. I am writing this email to sincerely request to approve expedited review of my EAD case (bearing Receipt # XXXXXXXX) and approve it before my current EAD expires. This will enable us to support my medical needs.
What is the processing time for I 130 in 2023? ›| Case Type | 80% of cases completed within | 100% of cases completed within |
|---|---|---|
| U.S. citizen filing for a spouse, parent, or child under 21 | 50 Months | 60.5 Months |
| Permanent resident filing for a spouse or child under 21 | 60 Months | 63 Months |
Immigration to the U.S. isn't exactly quick and easy, but processing times may be improving in 2023! But before we can talk about what changes the agency will go through to speed things up, it's worth understanding how USCIS processing times grew so long over the last few years.
What is the fastest green card processing time? ›Family Preference Green Cards processing takes from 1 to 10 years depending on the wait time and yearly caps. Employment Based Green Cards processing could be from 1 year for visas that have a low demand to 4 or 6 years for visas with very high demand.
Will USCIS speed up green card? ›Reasons USCIS Might Grant an Expedite Request
Reasons why USCIS might grant an expedite request include: Severe financial loss to a person or urgent employment needs. Emergencies and urgent humanitarian reasons (such as a death in the family, critical need for medical treatment, or extreme or unsafe living conditions)
The most efficient U.S. Citizenship and Immigration Services field office is also stated to be in Cleveland. The USCIS office efficiency is reflected in the highest backlog completion of 71.3%, and the nation's shortest average processing time, which is only four months.
What is the fastest immigration process? ›Receive your Green Card in as little as two years by utilizing the EB-1C visa. This is the quickest and most direct path to a Green Card for qualified individuals. The EB-1C visa is available to executives and managers of multinational companies who are being transferred to the United States.
What is the slowest Uscis office? ›
On the bottom of the index is the field office in St. Paul, Minnesota, with a typical processing time of 15.1 months and some immigrants waiting nearly 2 years (23.5 months).
What is a valid reason to expedite at NVC? ›If your I-130 is approved, a visa is available for your relative's category, and you've submitted all the necessary documents to the NVC, you may make an expedited request for various reasons such as a severe medical condition, urgent humanitarian reasons, a victim of a severe crime, financial hardship, aging out child ...
What is considered urgent humanitarian reasons? ›According to the US Citizenship and Immigration Services website, to be considered an urgent humanitarian reason a family member outside the US must be particularly vulnerable because of age, disability, or living circumstances.
What does kindly expedite action mean? ›: to accelerate the process or progress of : speed up. 2. : to execute promptly.
How can I force USCIS to make a decision? ›If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case. Bear in mind that this decision can be positive or negative.
How much does it cost to expedite USCIS? ›$2,500 if you are requesting premium processing of Form I-129 requesting E-1, E-2, E-3, H-1B, H-3, L (including blanket L-1), O, P, Q, or TN nonimmigrant classification. $1,500 if you are requesting premium processing of Form I-129 requesting H-2B or R nonimmigrant classification.
What is the processing time for I 765 in 2023? ›How long does it take to get the I-765 approved? The processing time for the I-765 is generally around 4 months.
What does it mean when your immigrant visa case was expedited? ›By expediting a case, the file goes directly to the USA Embassy abroad and skips the NVC process.
What does an expedite letter mean? ›When patients contact local hospitals to find out when they might be seen or if their symptoms and condition has worsened, they are often asked to contact their GP and request an "expedite letter".
How do I talk to a person at USCIS customer service? ›Our toll free number is 800-375-5283 (TTY 800-767-1833) and our hours of operation are Monday to Friday, 8am to 8pm Eastern. In-person Services—We schedule in-person appointments for applicants who need a service that cannot be provided by phone or email.
What are the types of expediting? ›
- Compliance. Confirming that supplier facilities and processes comply to standards and requirements in areas such as quality and sustainability.
- Risk. ...
- Scheduling. ...
- Production Control. ...
- Quality Control. ...
- Pre-shipment Inspection. ...
- Process Control. ...
- Escalation.
To expedite something is to make it go faster or speed up the process. Expediting that package might get it to Alaska by tomorrow, instead of next Tuesday. If someone says, "Let me expedite the process," that's probably a good thing: they're offering to speed things up.
How long does it take when something is expedited? ›Expedited shipping is faster than standard shipping. The speed can vary from courier to courier, but in general, it will take between 1 and 2 working days. Often, the vehicle carrying the package will take it straight to its destination without stopping, and may have two drivers in order to undertake this safely.
How long does it take for something to be expedited? ›The main difference between standard shipping and expedited shipping is the delivery time. Standard usually takes two to eight days, while expedited usually takes one day. This is because products shipped using expedited shipping are sent through air couriers.
What does order expediting mean? ›After a Purchase Order has been issued to a supplier, the purchaser may wish to follow-up or expedite the order. Expediting Explained. Expediting is the application of pressure on suppliers to get them to either meet the original delivery promise or to deliver ahead of schedule.
How do you politely push for an answer? ›- Ask For A Response In Your Subject Line. ...
- Change The Subject Line When The Topic Changes. ...
- Don't Skip The Greeting. ...
- Start Your Message With A Clear Request. ...
- Stay In The Sweet Spot When It Comes To Length. ...
- Use Third-Grade Language. ...
- Use Emotion.
To request an expedite, please submit a scanned letter (or statement) to NVCExpedite@state.gov from a physician (or medical facility). The letter must include the physician's (or medical facility's) contact information and declare a life-or-death medical emergency exists.
How to get a medical letter to expedite immigration process? ›To request a review for expedite, please submit a scanned letter (or statement) to NVCExpedite@state.gov from a physician (or medical facility). The letter must include the physician's (or medical facility's) contact information, and declare a life or death medical emergency exists.
How do I expedite an immigrant visa interview? ›If you would like to accelerate your immigrant visa (IV) interview due to emergency circumstances, you may request an expedited appointment. First, please check ceac.state.gov, and under “Immigrant Visa,” click, “Check My Visa Application Status,” and enter your case number and the verification code.
Can I 485 be expedited? ›An I-485 expedite request is a request to expedite the processing of your Green Card application. You can request an expedite if you can prove that the delay in processing will cause severe financial loss to you or an emergency situation. Expedited processing can take up to 45 days or more.
How long does it take USCIS to make decision on expedite request? ›
The processing time for an expedited request with USCIS is anywhere from 30 to 45 days. Sometimes, users see a response within 10 to 15 days, but it all varies by case and situation.
What USCIS forms can be expedited? ›- Form I-129, Petition for a Nonimmigrant Worker;
- Form I-140, Immigrant Petition for Alien Worker;
- Form I-765, Application for Employment Authorization, and.
- Form I-539, Application to Extend/Change Nonimmigrant Status.
After your submission, the U.S. Embassy, or Consulate will respond to your request via email within 1-2 business days.
How fast can I-130 be approved? ›Approximately 6 to 12 Months After Filing
Most Form I-130 petitions for immediate relatives are approved within a 6 to 12 month time frame, but they can take longer in some cases.
For immediate relatives (spouse or unmarried child) of a U.S. green card holder (legal permanent resident) living abroad, the time to process Form I-130 currently varies between 19–33 months. For those living in the U.S., the processing time is currently 12.5–22.5 months.
How long are green cards taking 2023? ›If you are a lawful permanent resident (green card holder) filing Form I-130 for a spouse inside the United States, it is taking about 25 to 28 months on average to process these petitions as of May of 2023.
What is the timeline for i130 in 2023? ›I-130 Processing Time For Parents In 2023
The time it takes to process Form I-130 for a U.S. citizen's parent is between 12 and 16 months — the same time frame as for other immediate relatives. Lawful permanent residents cannot file I-130 for their parents.
The government estimates that 197,000 green cards will be available to persons in the employment categories in Fiscal Year 2023, down from 281,507 in FY 2022, but 57,000 higher than the 140,000 mandated by law as the result of 57,000 unused family-based green cards in Fiscal Year 2022.
What is the processing time for I-130 in 2023? ›| Case Type | 80% of cases completed within | 100% of cases completed within |
|---|---|---|
| U.S. citizen filing for a spouse, parent, or child under 21 | 50 Months | 60.5 Months |
| Permanent resident filing for a spouse or child under 21 | 60 Months | 63 Months |
Employment-Based Green Card Processing Time (1-6 Years)
You can possibly get your Green Card within a year. But it could easily just as well take between 4 and 6 years if you apply in a popular category that receives many applications. There are many different types of employment-based visas.
How many people applied for green card 2023? ›
Additional Information: The DV-2023 program saw over 7 million qualified entries.
When green card 2024 ends? ›The DV-2024 entry period opened on October 5, 2022, and closed on November 8, 2022.
What is the longest I-130 processing time? ›After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 6 to 12 months for immediate relatives and could take several years for family preference categories.
What is the 5 year rule USCIS? ›A. Continuous Residence Requirement
An applicant for naturalization under the general provision must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least 5 years prior to filing the naturalization application and up to the time of naturalization.
- The current average processing time for U.S. citizens filing Form I-130 for a spouse beneficiary is 18 months.
What is the new immigration bill passed 2023? ›Introduced in House (02/02/2023) This bill imposes various penalties on non-U.S. nationals (aliens under federal law) who overstay a visa or lawful immigration status.
What are the changes in USCIS 2023? ›U.S. Citizenship and Immigration Services (USCIS) announced today new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS will begin issuing the redesigned cards on Jan. 30, 2023.
Will there ever be immigration reform in 2023? ›In keeping with the persistent legislative challenges of 2022, comprehensive immigration reform looks unlikely for 2023. With Republicans assuming control of the House in January, a divided Congress will struggle to make any significant changes to the immigration system in the coming year.
What is next when you USCIS Form I-130 get approved? ›Generally, once we approved the petition, your relative may apply to become an LPR (get a Green Card). If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
How long is the average green card wait? ›On average, it takes about two years for a green card to become available and three years total to get permanent resident status. It may take longer for citizens of Mexico, China, India, and the Philippines because they have a much higher volume of green card applicants annually.