Labor Immigration Law

United States Labor Immigration Law News and Analysis

AAO Processing Times (May 1, 2012)

Our office has established a reputation as one of the leading practices for handling appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only  about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.    The AAO processing times are published monthly, at the beginning of the month, and we are providing monthly updates and analysis for the benefit of our clients and readers.

About the AAO

The AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional processing centers.  The Freedom of Information Act (FOIA) requires that all AAO decisions be made available to the public.  As a result, AAO decisions are accessible in reading rooms at USCIS headquarters here in Washington, DC and at field offices.  Also, some (but not all) AAO decisions are available online.

Current AAO Processing Times

USCIS has released the average processing times for cases pending at the Administrative Appeals Office (AAO) as of May 1, 2012.  Read the full AAO Processing Times report.

Among the most notable AAO processing times:

  • H-1B appeal takes 18 months (decrease, or improvement, of three months compared to our last report as of March 1, 2012);
  • L-1 appeal takes 22 months (no change);
  • I-140 EB-1 Extraordinary Ability takes 14 months (improvement of one month), Multinational Manager or Executive takes 21 months (no change) while EB-1 Outstanding Professor or Researcher category is current (defined as 6 months or less);
  • I-140 EB-2 (Advanced Degree) takes 21 months (improvement by 3 months) while EB-2 (NIW) is current (improvement by two or more  months); and
  • I-140 EB-3 Skilled Worker takes 34 months (improvement by 1 month) while EB-3 Other Worker is current (6 months or less) on appeal (no change).
Conclusion
The AAO processing times for at least some of the categories (EB-2, for example) have been improving notably over the past few months.   We notice that AAO processing times remain steady across many of the other types of cases.     We hope that the notable trend of improvement in the processing times in EB-2 appeals would continue and spread to other types of cases as well.

If our office can be of any assistance regarding AAO representation or consultation, please contact us.  Also, please feel free to subscribe to our free weekly newsletter to receive updates and immigration news.

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This article is presented by the Capitol Immigration Law Group PLLC, an immigration law firm serving individual and corporate clients in the Washington, D.C. area and nationwide. We specialize in U.S. labor immigration law and we have successfully represented individuals from more than 30 countries and Fortune 100 companies. The article should not be used as a substitute for competent legal advice from a licensed attorney. For more information, please contact us.