Labor Immigration Law

United States Labor Immigration Law News and Analysis

AAO Processing Times (November 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 November 1, 2012.  Read the full AAO Processing Times report.

Among the most notable AAO processing times:

  • H-1B appeal takes 9 months (a notable decrease, or improvement, of three months, compared to our last report as of October 1, 2012);
  • L-1 appeal takes 10 months (improvement of three months);
  • I-140 EB-1 Extraordinary Ability is current (less than six months), Multinational Manager or Executive takes 10 months (improvement of three months) while EB-1 Outstanding Professor or Researcher category is current;
  • I-140 EB-2 (Advanced Degree) is current (or six months or less, improvement of one month) while EB-2 (NIW) is current (no change); and
  • I-140 EB-3 Skilled Worker takes 24 months (improvement of five months) while EB-3 Other Worker is current (6 months or less) on appeal (no change).
Conclusion

The AAO processing times for many of the (H-1B, EB-2, for example) have been improving notably over the past few months.   We are very pleased to see that the AAO is now processing I-140 EB-2 cases in as little as six months (in comparison to close to three years recently).   We notice that AAO processing times improve  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, specifically EB-3, where the current wait is still around 2 years.

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.