Processing Speed for Immigration Appeals Improving But Still Variable


According to the Oct. 1, 2012 publication of processing times put out by the Administrative Appeals Office (the “AAO”) of the U.S. Citizenship and Immigration Services (the “USCIS”), the length of time necessary to process an appeal of a decision by the USCIS regional service centers on various immigration requests, including visa applications, is improving but some applications still lag way behind others.

The AAO is meeting its objective of six months or less for processing appeals of adverse decisions on most applications and requests; however, certain processing times – such as the 12 month processing period for the popular I-129 H1B petition – are still way behind others.

Petitioners can also expect long waits for appellate decisions by the AAO regarding:

  • I-129L decisions on non-immigrant intracompany transferees (13 months);
  • I-140C decisions on multi-national managers or executives (13 months);
  • I-140D decisions on advanced degree professionals (7 months);
  • I-140E decisions on skilled or professional workers (29 months); and
  • I-1601 decisions on applications for waiver of inadmissibility (17 months).

These delays highlight the importance of getting an immigration or application petition done right the first time.

If you are an employer or an employer’s agent in charge of immigration-related hiring or compliance, and you need help, please do not hesitate to contact our office at (847) 564-0712 for an appointment to speak with a qualified attorney. You can also check out our immigration law Website for more information about how we might assist you.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Shapiro | Attorney Advertising

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