Labor Immigration Law

Our office handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

About the AAO

The AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing 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 March 1, 2010.  Overall, there is not much change in comparison to the February 1, 2010 report.

Among the most notable AAO processing times:

• H-1B appeal takes 13 months (decrease by one month compared to February 1, 2010);
• I-140 EB1 Extraordinary Ability takes less than 6 months (no change), Multinational Manager or Executive takes 12 months (no change) while EB1 Outstanding Professor or Researcher category takes 4 months (decrease by three months);
• I-140 EB2 (Advanced Degree) takes 24 months (decrease by one month) while EB2 (NIW) takes 4 months (decrease by three months); and
• I-140 EB3 Skilled Worker takes 24 months (increase by one month) while EB3 Other Worker takes 22 months on appeal (increase by one month).

Read the full AAO Processing Times report.

Our office handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

About the AAO

The AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing 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 February 1, 2010.  Overall, there is not much change in comparison to the January 4, 2010 report.

Among the most notable AAO processing times:

• H-1B appeal takes 14 months (increase by one month compared to January 4, 2010);
• I-140 EB1 Extraordinary Ability takes less than 6 months (no change), Multinational Manager or Executive takes 12 months (increase by one month) while EB1 Outstanding Professor or Researcher category takes 7 months (increase by one month);
• I-140 EB2 (Advanced Degree) takes 25 months (increase by one month) while EB2 (NIW) takes 7 months (increase by one month); and
• I-140 EB3 Skilled Worker takes 23 months (no change) while EB3 Other Worker takes 21 months on appeal (increase by two months).

Read the full AAO Processing Times report.

Our office handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

About the AAO

The AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing 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 January 4, 2010.  Overall, there is not much change in comparison to the December 2, 2009 report.

Among the most notable AAO processing times:

• H-1B appeal takes 13 months (increase by one compared to December 2, 2009);
• I-140 EB1 Extraordinary Ability takes less than 6 months (no change), Multinational Manager or Executive takes 11 months (no change) while EB1 Outstanding Professor or Researcher category is current (meaning less than 6 months);
• I-140 EB2 (Advanced Degree) takes 24 months (two months improvement) while EB2 (NIW) takes 6 months (or current, meaning less than 6 months); and
• I-140 EB3 Skilled Worker takes 23 months (no change) while EB3 Other Worker takes 23 months on appeal (no change).

Read the full AAO Processing Times report.

Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

About the AAO

The AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing 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 December 2, 2009  Overall, we notice delays across all categories.

Among the most notable AAO processing times:

• H-1B appeal takes 12 months (one month improvement compared to the November 1, 2009);
• I-140 EB1 Extraordinary Ability takes 4 months (one month improvement), Multinational Manager or Executive takes 11 months (increase by one month) while EB1 Outstanding Professor or Researcher category is current (meaning less than 6 months);
• I-140 EB2 (Advanced Degree) takes 26 months (one month improvement) while EB2 (NIW) takes 6 months (or current, meaning less than 6 months); and
• I-140 EB3 Skilled Worker takes 23 months (no change) while EB3 Other Worker takes 23 months on appeal (no change).

Read the full AAO Processing Times report.



Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

About the AAO

The AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing 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 October 1, 2009  Overall, we notice delays across all categories.

Among the most notable AAO processing times:

• H-1B appeal takes 13 months (decrease from the 16 months processing last reported as of September 1, 2009);
• I-140 EB1 Extraordinary Ability takes 5 months (compared with 8 months as of September 1, 2009), Multinational Manager or Executive takes 10 months (no change) while EB1 Outstanding Professor or Researcher category is current (meaning less than 6 months);
• I-140 EB2 (Advanced Degree) takes 27 months (compared to 26 months as of September 1, 2009) while EB2 (NIW) is current (meaning less than 6 months); and
• I-140 EB3 Skilled Worker takes 23 months (compared to 22 months as of September 1, 2009) while EB3 Other Worker takes 21 months on appeal (compared to 20 months as of September 1, 2009) on appeal.

Read the full AAO Processing Times report.

Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

About the AAO

As a short preliminary background matter, the AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing 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 September 1, 2009  Overall, we notice delays across all categories.

Among the most notable AAO processing times:

• H-1B appeal takes 16 months (no change from when last reported as of July 28, 2009);
• I-140 EB1 Extraordinary Ability takes 8 months (compared with 9 months as of July 28, 2009), Multinational Manager or Executive takes 10 months (no change) while EB1 Outstanding Professor or Researcher category is current (meaning less than 6 months);
• I-140 EB2 (Advanced Degree) takes 26 months (compared to 25 months as of July 28, 2009) while EB2 (NIW) is current (meaning less than 6 months); and
• I-140 EB3 Skilled Worker takes 22 months (no change) while EB3 Other Worker takes 20 months on appeal (compared to 19 months as of July 28) on appeal.

Read the full AAO Processing Times report.

Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

About the AAO

As a short preliminary background matter, the AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing 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 July 28, 2009.  Overall, we notice delays across all categories.

Among the most notable AAO processing times:

• H-1B appeal takes 16 months (no change from when last reported as of July 1, 2009);
• I-140 EB1 Extraordinary Ability takes 9 months (compared with 10 months as of July 1, 2009), Multinational Manager or Executive takes 10 months (no change) while EB1 Outstanding Professor or Researcher category is current (meaning less than 6 months);
• I-140 EB2 (Advanced Degree) takes 25 months (compared to 26 months as of July 1, 2009) while EB2 (NIW) is current (meaning less than 6 months); and
• I-140 EB3 Skilled Worker takes 22 months (no change) while EB3 Other Worker takes 19 months on appeal (compared to 18 months as of July 1) on appeal.

Read the full AAO Processing Times report.

Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

About the AAO

As a short preliminary background matter, the AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing 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 July 1, 2009.  Overall, we notice delays across all categories.

Among the most notable AAO processing times:

• H-1B appeal takes 16 months (compared to 15 months when last reported in May 2009);
• I-140 EB1 Extraordinary Ability takes 10 months (no change), Multinational Manager or Executive takes 10 months (compared to 9 months) while EB1 Outstanding Professor or Researcher category is current (meaning less than 6 months);
• I-140 EB2 (Advanced Degree) takes 26 months (compared to 24 months in May 2009 and 21 months in March 2009) while EB2 (NIW) is current (meaning less than 6 months); and
• I-140 EB3 Skilled Worker takes 22 months (compared to 21 months in May 2009) while EB3 Other Worker takes 18 months (compared to 16 months in May 2009) on appeal.

Read the full AAO Processing Times report.

The Nebraska and Texas Service Centers (NSC and TSC, respectively) have informed that they will start issuing denials on pending I-485 upon denial of the underlying I-140 petition.

Until now, USCIS has a policy from a Memorandum of Feb. 28, 2003 from William R. Yates, “Procedures for Concurrently Filed Family-Based or Employment-Based Form I-485 when the Underlying Visa Petition is Denied” pursuant to which policy TSC has been using its discretion to wait 30 days before denying the I-485 applications, in case an I-290B was filed on the I-140 denial and TSC might be able to act on that at the Service Center level.

Under the new policy, both TSC and NSC will deny I-485 applications when they deny the underlying I-140 petition.   As a result, a motion to reopen/reconsider or appeal on Form I-290B will have to be filed not only on the I-140 denial but also for all of the I-485 denials (more than one of the direct beneficiary has dependents). This not only creates additional work for preparing and filing more I-290B forms, but also requires additional payments of the I-290B filing fee (which is $585.00 as of the time of this writing).

Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

About the AAO

As a short preliminary background matter, the AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing 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, 2009.

Among the most notable AAO processing times:

• H-1B appeal takes 15 months (compared to 13 months when last reported in March 2009);
• I-140 EB1 Extraordinary Ability takes 10 months, Multinational Manager or Executive takes 9 months while EB1 Outstanding Professor or Researcher category is current (meaning less than 6 months);
• I-140 EB2 (Advanced Degree) takes 24 months (compared to 21 months in March 2009) while EB2 (NIW) is current (meaning less than 6 months); and
• I-140 EB3 Skilled Worker takes 21 months (compared to 20 months in March 2009) while EB3 Other Worker takes 16 months (compared to 22 months in March 2009) on appeal.

Read the full AAO Processing Times report.