USCIS Announces Major Backlog Reduction Effort, Expansion of Premium Processing for Certain Filings, and FY 2023 H-1B Lottery Cap Reached

Category: Client Alerts
Date: March 30, 2022
Title: USCIS Announces Major Backlog Reduction Effort, Expansion of Premium Processing for Certain Filings, and FY 2023 H-1B Lottery Cap Reached

In a long overdue development, United States Citizenship and Immigration Services (USCIS) announced it is finally taking action in tackling its massive backlogs — a major problem that has plagued the agency for several years and has affected so many foreign nationals with long-pending applications and petitions. Yesterday, the agency announced it would make a concerted effort to reduce caseloads and significant backlogs, which have only worsened and grown exponentially during the pandemic. The agency will set backlog reduction goals, expand premium processing to additional types of filings and aim to reduce processing times for employment authorization documents (EADs).

USCIS’ backlog reduction efforts will include internal cycle time goals to accelerate processing times and expand staffing and improve technology to increase its adjudications capacity by the end of Fiscal Year (FY) 2023. The reported cycle time processing goals include: two months for non-premium I-129 nonimmigrant worker petitions and three months for I-765 EAD applications, I-131 Advance Parole applications, and I-539 change of status or extension of stay applications. USCIS’ goals also include a six-month processing time for N-400 naturalization applications and non-premium I-140 employment-based immigrant petitions, as well as I-130 petitions for certain relatives and I-485 applications for adjustment of status.

In addition, USCIS has announced it will expand the categories of petitions and applications eligible for expedited “Premium Processing” filing with varying fees and time frames for different types of filings. It has not announced precise dates of implementation, but noted it will roll out availability of Premium Processing in phases during FY 2022. It is anticipated these will include I-140 EB-1 multinational executives or managers and EB-2 advanced degree professionals or foreign nationals of exceptional ability seeking a National Interest Waiver in 45 days, and certain I-539 applications for change of status or extension of stay in 30 days; and I-765 EAD applications in 30 days. This would be a welcome option for so many individuals who have experienced significant backlogs — including more than one year for routine EAD applications.

On a separate note, USCIS announced yesterday that it has received enough registrations to reach the FY 2023 H-1B numerical limitation “cap,” including numbers for the advanced degree exemption (US Master’s cap). USCIS has randomly selected registrants and notified all prospective petitioners. Petitions must be filed during the 90-day filing period starting April 1, 2022. It is highly likely that USCIS will make at least one additional round of selections during the summer, as it has done in past years' lotteries.

USCIS also noted that due to increased filings during the H-1B cap season, issuance of receipts may be delayed. If one or more of your cases has been selected, we will work with you in the coming weeks to prepare your H-1B filings.

Once we have additional information to share, we will issue a follow-up client alert. If you have any questions or need additional information about this alert, please feel free to contact us.