Labor Immigration Law

The USCIS Director Emilio Gonzalez appeared yesterday (01/17/2008) in front of the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law and in written testimony he talked about the unprecedented volume of immigration applications filed with his agency.

As the chart illustrates, the number of visa applications following the July 2007 visa fees increased dramatically. This is ironic since the goal behind this July 2007 visa fee increase was to eliminate the processing backlog that plagued many visa applications. According to Gonzales, however, the USCIS did not anticipate the extremely high volume of applications, mainly resulting from the forward movement in many visa priority dates in the July 2007 Visa Bulletin. As a result of this forward movement in the employment-based visa numbers, the USCIS received in the summer months of 2007 approximately 300,000 adjustment of status applications, along with work authorization and travel (advance parole) documents, making a total of approximately 800,000 applications. From June through August 2007 the USCIS received over 3 million applications and petitions of all types (compared with 1.8 million for the same period in 2006).

In Fiscal Year 2007, the agency received almost 1.4 million citizenship applications which is almost twice the number received during the previous fiscal year. Gonzalez stated that his agency has responded to this surge in applications by increasing work hours, adding shifts and hiring contract workers to help meet the demand. However, the backlog remains and is not likely to decrease in the near future. The unfortunate news from Gonzalez is that, “[t]his surge will have a serious impact on application processing times for the next couple of years. As a result, based on our response plan, most customers will wait much longer to have their applications completed.”

The average processing times of citizenship applications are expected to increase from seven to 18 months and adjustment of status applications for family-based immigration applications would increase from six to 12 months. Although the increase in waiting times are expected to be temporary, this is expected to create a number of difficulties and challenges to foreign nationals. Gonzalez said that he expects a return to current processing times (which according to many are too long anyway) is expected in the second half of Fiscal Year 2010). He also said that his agency has taken tremendous efforts to be able to process employment authorization applications within the statutory period of 90 days in light of the large applications backlog.

As of January 4, 2008, the USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates below.

California Service Center
- I-130 Forms            8/30/2007 (all subsequent forwarded to Chicago for data entry)
- All Other Forms      Current

Nebraska Service Center
- All Forms                Current

Texas Service Center
- All Forms                Current

Vermont Service Center
- I-130                          7/29/2007 (all subsequent sent to Chicago for data entry)
- All Other Forms        Current

Chicago Lockbox (as of 1/14/08)
- I-130 Forms             10/25/2007
- All Other Forms        Current

Los Angeles Lockbox
- All Forms                    Current