“USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023.” “As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly,” according to the agency. However, there is a benefit for a federal agency to establish benchmarks since it can help focus decision-making. Two months: I-129 (without premium processing) Two weeks: I-129 and I-140 (with premium processing) What are the cycle time goals for particular USCIS forms? Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times.” “As an internal management metric, cycle times are generally comparable to the agency’s publicly posted median processing times. “A cycle time measures how many months’ worth of pending cases for a particular form are awaiting a decision,” according to USCIS. New USCIS “Cycle Time” Processing Goals: USCIS also announced it will establish new internal “cycle time” goals. The rule leaves it to the agency to implement this by putting a notice on its website, so we have to wait and see.” The big unknown is how soon USCIS will implement premium processing for EADs, and for which ones. “We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 days. “EADs are included in the rule,” said Miner. “Since, generally speaking, I-140 filers already have status and work permission while they wait for their applications to be adjudicated, the individuals most impacted by the continued delays are those who cannot work until the I-539 (application to change/extend status) and I-765 (application for employment authorization) are adjudicated.” “While the stakeholder community is grateful for the relatively quick expansion of premium processing to additional I-140 categories, the delayed implementation for Forms I-539 and I-765 is disappointing,” said Dagmar Butte of Parker Butte and Lane in an interview. The rules that already exist extending EADs where there is a timely filed renewal combined with the ability to premium process the initial request for an EAD would go a long way toward solving the very difficult interruptions in work authorization that we are so commonly seeing.” For instance, if the agency were to implement premium processing for all initial EAD applications, this would be a major help for individuals and businesses while allowing USCIS to manage its workload. I am hopeful that USCIS will be strategic in how it handles this implementation. “Just having the rule in place isn’t useful if the agency takes years to implement it. In particular, the rule notes that while USCIS intends to implement premium processing for certain EADs (employment authorization documents) and dependent extensions this year, it may be several years before it expands premium processing to all categories of EADs and dependent extensions. “DHS anticipates to begin premium processing Employment Authorization Documents for students applying for Optional Practical Training (OPT) and exchange visitors beginning in FY 2022.”Īnalysis of the Rule: “The new premium processing regulation is a welcome step forward by USCIS and provides an important option for relief to massive processing delays for some individuals and businesses,” said Kevin Miner of Fragomen in an interview. “DHS is prioritizing premium processing for some Form I-765 categories,” according to USCIS. “Form I-765 requesting employment authorization.“Form I-539 requesting a change of status to F-1, F-2, J-1, J-2, M-1, or M-2 nonimmigrant status or a change of status to or extension of stay in E-1, E-2, E-3, H-4, L-2, O-3, P-4, or R-2 nonimmigrant status.“Form I-140 requesting EB-1 immigrant classification as a multinational executive or manager or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). These are the forms that will become eligible for premium processing first: The rule will go into effect 60 days after publication in the Federal Register.
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