USCIS Goal to Process I-140 Petitions within Four Months
Posted May 08, 2009
©MurthyDotCom
Through Michael Aytes, Acting Deputy Director, the U.S. Citizenship and Immigration Services (USCIS), addressed some questions about the waiting times connected with employment-based permanent resident (green card) cases in a recent Leadership Journal article, available on the Department of Homeland Security WebSite. The key piece of favorable information is a plan to focus more effort on improving processing times for I-140 employer-based petitions. The USCIS is working toward a four-month processing goal for I-140s, and has given an estimate of September 2009 for meeting that goal.
©MurthyDotCom
Increased I-140 Immigrant Petition Filings in 2007 / 2008
©MurthyDotCom
As explained by Acting Deputy Director Aytes, in late 2007 and early 2008, employers filed more than 234,000 I-140 petitions. This was the result of a number of factors, all of which occurred around the same timeframe. During that period, the U.S. Department of Labor (DOL) approved many labor certifications as part of a backlog reduction effort. These approvals cleared the way for the next stage, the I-140 filing by the employer. There were also enormous numbers of applications for adjustment of status (I-485) filed in the summer of 2007, as it temporarily became possible for many to file. Although not mentioned by Mr. Aytes, the law regarding various aspects of the labor certification process changed on July 16, 2007. These changes included elimination of the practice of the substitution of beneficiaries in labor certification cases. Thus, there were cases that were filed immediately prior to the termination of the substitution procedure.
©MurthyDotCom
Case Volume to be Introduced on USCIS Website
©MurthyDotCom
The USCIS has acknowledged the frustrations felt by many not knowing the quantity of cases in the queue. To address this, USCIS efforts are working toward making case volume information available online. There was no indication as to when this might become available.
©MurthyDotCom
Facilitating AC21 Change in Employers
©MurthyDotCom
It is possible to obtain approval of green card cases through job offers other than the one that originally formed the basis of the green card case. As long-time MurthyDotCom and MurthyBulletin readers know, this can be done under provisions of the law referred to as AC21 (American Competitiveness in the 21st Century Act) under the adjustment-of-status portability provisions of AC21. This topic has been covered extensively in our articles, which include AC21 Frequently Asked Questions. One of the key issues in using AC21 is the approval of the I-140 petition. While not impossible, it is risky to attempt using AC21 without an approved I-140 petition. Thus, the lengthy processing times for I-140s limit opportunities for job flexibility. This can be important, particularly in the current economy.
©MurthyDotCom
The USCIS acknowledges this problem, and has announced an increase in emphasis on employment-based petitions. The USCIS plan is to clear the backlog of older I-140 petitions, and move toward processing newly-filed I-140s within the four-month processing time target. As mentioned, the anticipated timeframe for meeting this goal is September 2009.
©MurthyDotCom
Conclusion
©MurthyDotCom
We at the Murthy Law Firm appreciate USCIS efforts to bring more transparency to the process, and to improve processing times. Movement on I-140 cases is evident, which in part may be due to the plans outlined above.