USCIS announced new efforts to reduce the case backlog, expand premium processing, and improve the employment authorization access timeline. These efforts are meant to address the significant backlogs and extended processing times that resulted from the reduced capacity caused by the pandemic and limited resources during the Trump administration.
Processing Backlogs
This month, USCIS will establish new internal cycle time goals. According to USCIS, as cycle times improve, so should processing times, and ultimately applicants will receive decisions more quickly. To reach the cycle time goals by the end of FY 2023, USCIS will expand its staff and improve technology functionality to increase capacity.
Expanding Premium Processing
The Department of Homeland Security (DHS) announced a final rule that aligns premium processing regulations with the Emergency Stopgap USCIS Stabilization Act.
Through a phased approach, USCIS will expand premium processing availability to include Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and Form I-140 in FY 2022. The first phase of the expansion will be for Form I-140 applicants requesting EB-1 immigrant classification as a multinational executive or manager or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver.
Currently, premium processing is available for petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers.
Per Congressional requirements, the expansion of premium processing may not increase the processing time for regular immigration benefits.
Improvement of Employment Authorization Document Processes
USCIS continues to make progress on the “Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.” This temporary rule would continue USCIS’s efforts to streamline EAD processes so that no one loses work authorization while an application is still pending.