The U.S. Citizenship and Immigration Services (USCIS) is facing significant delays in processing immigration applications, as revealed in new data about the agency’s operations. Key points from the report highlight:
- Increased Processing Time: USCIS is now taking longer than ever to review applications. According to the data, 82% of forms are now taking longer to process, significantly contributing to the agency’s massive backlog. These forms account for 86% of the current backlog.
- Form Complexity: One major reason for the delays is the increased complexity and length of immigration forms. Over the last 20 years, the total length of USCIS forms has grown from fewer than 200 pages in 2003 to over 700 pages in 2023. In fact, 93% of USCIS forms have become longer since their inception, requiring more time for adjudicators to review each application.
- Impact on Visa Interviews: Longer forms also mean longer visa interviews. Immigration officers now have more information to review, which can extend the time needed for both the interview and the overall adjudication process.
- Digitization Challenges: Although USCIS has been pushing for digital filings to streamline the process, it has had a counterproductive effect. Adjudicators, many of whom were trained to process paper forms, are struggling to keep up with the digital format. This is slowing down the review process instead of speeding it up.
- Consequences of Delays: The inefficiencies in processing are having a staggering impact, with estimates indicating it will take nearly 10 million man-hours to clear the current backlog — 3.3 million more hours than if adjudicators were processing at the previous pace.
Overall, the growing complexity of immigration forms, combined with challenges in digital transition, has exacerbated the already significant delays in visa processing, contributing to the enormous backlog facing USCIS.
Types of Applications Affected
The recent changes in U.S. immigration policies have significant implications for various application categories. These changes primarily impact:
Employment-Based Applications
- H-1B Visa: This visa allows U.S. companies to employ foreign workers in specialty occupations. The removal of certain fees and the introduction of premium processing options can help expedite the application process for employers and employees alike.
- L-1 Visa: Designed for intra-company transferees, the L-1 visa enables multinational companies to transfer employees to their U.S. offices. The updated policies can streamline the application process, making it easier for companies to bring essential personnel into the country.
Family-Based Petitions
- Form I-130 (Petition for Alien Relative): This form is used by U.S. citizens and lawful permanent residents to sponsor family members for immigration. Changes in fee structures and processing times can significantly affect family reunification efforts.
- Form I-485 (Application to Register Permanent Residence or Adjust Status): This form allows individuals already in the U.S. to apply for a green card. The recent updates aim to reduce delays and improve processing times, facilitating quicker adjustments of status for family members.
Naturalization Applications
- Form N-400 (Application for Naturalization): Individuals seeking U.S. citizenship submit this form. With improved processing times and reduced fees, more eligible applicants may pursue naturalization, leading to increased citizenship rates.
Humanitarian Applications
- Asylum Applications: Individuals fleeing persecution can apply for asylum in the U.S. The removal of certain fees and expedited processing options can encourage more individuals to seek safety without financial burdens.
- Temporary Protected Status (TPS): TPS allows individuals from designated countries experiencing conflict or natural disasters to remain in the U.S. Changes in application fees and processing times can provide relief to those affected by such circumstances.
Implications for Applicants
The recent changes in immigration policies have several implications for applicants:
Employment Disruptions
- Work Permits Expiring: Delays in processing employment-based applications can lead to work permits expiring, causing disruptions in employment and financial instability for workers and their families.
Family Reunification Delays
- Long Wait Times: Applicants waiting for family-based petitions may experience prolonged delays, impacting their ability to reunite with loved ones.
Travel Restrictions and Missed Opportunities
- Inability to Travel: Applicants whose statuses are pending may face travel restrictions, limiting their ability to visit family or attend important events abroad.
Emotional and Financial Stress on Applicants
- Increased Anxiety: The uncertainty of waiting for decisions can lead to emotional distress for applicants and their families, compounded by financial pressures due to potential job losses or delays in employment authorization.
USCIS Efforts to Address Backlogs
USCIS has recognized the challenges posed by backlogs and implemented several initiatives to address these issues:
Modernization Initiatives
- Online Filing Improvements: USCIS has expanded its online filing capabilities, allowing applicants to submit forms electronically, which streamlines processing and reduces paperwork.
Hiring More Staff and Increasing Budgets
- Increased Staffing: To manage growing caseloads effectively, USCIS has committed to hiring additional staff and increasing its budget, aiming to enhance service delivery and reduce wait times.
Introducing Premium Processing for More Forms
- Expanded Premium Processing Options: USCIS has introduced premium processing services for additional forms, allowing applicants to expedite their applications for a fee, which can significantly reduce waiting periods.
Temporary Policy Adjustments
- Policy Changes: USCIS has made temporary policy adjustments aimed at alleviating backlogs, including extending certain application deadlines and providing flexibility in documentation requirements.
Tips for Managing Delays
Navigating the immigration process can be challenging, especially when faced with delays. Here are practical tips for managing these delays effectively.
How to Check Current Processing Times on the USCIS Website
- Locate Your USCIS Field Office: To find out which office is processing your case, use your zip code on the USCIS website. This will help you identify where to look for processing times.
- Use the USCIS Processing Times Tool: Visit the USCIS processing times page and select your form type from the dropdown menu. Choose the office that is handling your case to see the most accurate time ranges for processing.
- Understand the Time Ranges: The processing times are typically presented as two numbers:
- The first number indicates the time it took to complete 50% of cases (the median).
- The second number shows the time it took to complete 93% of cases, giving you a broader view of potential wait times.
- Check for Updates Regularly: Processing times are updated weekly, so make it a habit to check back frequently for the latest information.
Importance of Submitting Complete and Accurate Applications
- Avoid Delays Due to Incomplete Applications: Submitting a complete application with all required documents minimizes the risk of receiving Requests for Evidence (RFEs) from USCIS, which can significantly delay processing.
- Double-Check All Forms: Before submission, review all forms and documents to ensure accuracy and completeness. Mistakes or omissions can lead to unnecessary delays.
Keeping All Documents and Evidence Organized
- Create a Filing System: Organize all documents related to your application in a systematic manner. This should include copies of submitted forms, supporting documents, and any correspondence with USCIS.
- Maintain a Timeline: Keep a record of important dates related to your application, such as submission dates and expected processing timelines, to help you track progress.
Leveraging Premium Processing Where Available
- Consider Premium Processing: For certain employment-based petitions (like H-1B or I-140), premium processing is available for an additional fee. This service guarantees processing within 15 calendar days, providing a quicker resolution.
- Check Eligibility: Before applying for premium processing, confirm that your specific application qualifies for this expedited service.
What to Do If You’re Affected
If you find yourself facing delays in your immigration application, here are steps you can take:
Contacting USCIS for Case Updates or Inquiries
- Use Online Tools: Check your case status online using your receipt number on the USCIS website. This will provide updates on where your application stands.
- Call USCIS Customer Service: If you have specific questions or concerns about your case, contact the USCIS Contact Center at 1-800-375-5283 (TTY 1-800-767-1833) for assistance.
Requesting Expedited Processing
- Criteria for Expedited Processing: Expedited processing may be granted in certain situations, such as urgent humanitarian reasons or significant financial loss. Familiarize yourself with these criteria before making a request.
- Submitting a Request: To request expedited processing, submit a written request along with supporting documentation that justifies your need for urgency. Be clear and concise in explaining why your case should be expedited.
Engaging with Congressional Representatives for Assistance
- Contact Your Representative: If delays are significantly impacting you or your family, consider reaching out to your congressional representative’s office for assistance. They may be able to inquire on your behalf with USCIS.
- Provide Necessary Information: When contacting a congressional office, be prepared to provide details about your case and any relevant documentation that supports your request for assistance.
Consulting with an Immigration Attorney for Complex Cases
- Seek Professional Guidance: If you encounter complex issues or challenges during the immigration process, consulting with an immigration attorney can provide clarity and direction.
- Understanding Your Rights: An attorney can help you understand your rights and options if delays persist or if there are complications with your application.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Green Card, Visitor Visa, or Study Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
