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Bepster

EO impact on USCIS processing times

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Filed: AOS (pnd) Country: Australia
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Hello all,

 

With all the bans and the visa services closed around the world,  I am wondering if visa processing times at USCIS will be impacted?

I would hope that the few applications that are still being processed would go quicker as there are a lot less coming in.

I have a E-3 I-129 pending at the Vermont Center.

 

As anybody any insight on whats happening at USCIS?

 

 

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3 minutes ago, Bepster said:

 

Hello all,

 

With all the bans and the visa services closed around the world,  I am wondering if visa processing times at USCIS will be impacted?

I would hope that the few applications that are still being processed would go quicker as there are a lot less coming in.

I have a E-3 I-129 pending at the Vermont Center.

 

As anybody any insight on whats happening at USCIS?

 

 

USCIS processes petitions only, not visas.  As far as anyone can tell, petition processing is still occurring.  You can reference the wait times by visa types and processing center on USCIS.gov.

 

The main delay will be for the consulate interview, since those services have not resumed.

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Filed: Citizen (apr) Country: Taiwan
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8 minutes ago, Bepster said:

 

Hello all,

 

With all the bans and the visa services closed around the world,  I am wondering if visa processing times at USCIS will be impacted?

I would hope that the few applications that are still being processed would go quicker as there are a lot less coming in.

I have a E-3 I-129 pending at the Vermont Center.

 

As anybody any insight on whats happening at USCIS?

 

 

USCIS Service Centers are still processing petitions.  What makes you think fewer are coming in to USCIS ?   

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Filed: AOS (pnd) Country: Australia
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2 minutes ago, Lucky Cat said:

USCIS Service Centers are still processing petitions.  What makes you think fewer are coming in to USCIS ?   

 

Maybe I am confused as to the different type of cases that USCIS handles.

I was not sugesting that USCIS doesn't process any petitions anymore. Just that they might process a lot less than normal given the ban on H1B, L ect.

 

My original question was if USCIS is getting less petitions due to a large number of petitions not being filed?

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Filed: AOS (pnd) Country: Australia
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13 minutes ago, Jorgedig said:

USCIS processes petitions only, not visas.  As far as anyone can tell, petition processing is still occurring.  You can reference the wait times by visa types and processing center on USCIS.gov.

 

The main delay will be for the consulate interview, since those services have not resumed.

 

I am already in the states (O-3). I was recently hired am trying to adjust my status to E-3.

 

The obvious choice would have been to leave the country and apply for an E-3 outside the US. However this is not an option at the moment.

So the lawyers filed with USCIS for (what I assume) is an AOS instead.

 

I am just wondering if there is positive impact on processing times at USCIS for petitions that are still being processed.

Right now the processing time quoted at USCIS Vermont is 5-7 months (based on 2 months old data) and for obvious reasons, I am hoping for this to go quicker than that given the current changes.

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6 minutes ago, Bepster said:

My original question was if USCIS is getting less petitions due to a large number of petitions not being filed?

I am not sure where you are getting this info.  

 

Btw, you will get better replies if you fill in your timeline.  It wasn't clear from your OP what your situation was in regards to interviewing, etc.

 

Processing times even pre-covid fluctuate.  The best you can do is to regularly check USCIS.gov for updates in processing times for your service center.

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Filed: AOS (pnd) Country: Australia
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1 minute ago, Jorgedig said:

I am not sure where you are getting this info.  

 

Btw, you will get better replies if you fill in your timeline.  It wasn't clear from your OP what your situation was in regards to interviewing, etc.

 

Processing times even pre-covid fluctuate.  The best you can do is to regularly check USCIS.gov for updates in processing times for your service center.

 

I am not getting this info. This is why I am here. I am just trying to confirm a question I had :)

It is totally possible that I am wrong here but as far as I understand, the EO is banning a large number of Visas with immediate affect. Hence I would have assumed that USCIS will be less busy with petitions.

 

But from the responses here, I take it that USCIS is just as busy as ever and that the EO (no H1B, L1 ect) will have no effect on USCIS?

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30 minutes ago, Bepster said:

As anybody any insight on whats happening at USCIS?

Nothing changes at USCIS.  They continue doing the job as does the NVC, if applicable.  Based on the EO visa won't be issued and since there are no waivers, the cases will most likely be held at the next step.

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1 minute ago, Bepster said:

 

I am not getting this info. This is why I am here. I am just trying to confirm a question I had :)

It is totally possible that I am wrong here but as far as I understand, the EO is banning a large number of Visas with immediate affect. Hence I would have assumed that USCIS will be less busy with petitions.

 

But from the responses here, I take it that USCIS is just as busy as ever and that the EO (no H1B, L1 ect) will have no effect on USCIS?

This is where the distinction between petitions and visas is important:  there is no ban on submitting petitions.  The ban is on DOS issuing of visas at consulates and embassies.  

Edited by Jorgedig
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1 minute ago, Jorgedig said:

There is no ban on submitting petitions.  The ban is on DOS issuing of visas at consulates and embassies.  

 

I guess my assumption that there would be much less petitions coming in is due to the fact that employers in the US won't file any petitions for visas that can't be issued.

Anyway, it seems like a lot of speculation so I'll just monitor the processing times and hope for the best.

 

Thanks for your responses.

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3 minutes ago, Bepster said:

 

I guess my assumption that there would be much less petitions coming in is due to the fact that employers in the US won't file any petitions for visas that can't be issued.

Anyway, it seems like a lot of speculation so I'll just monitor the processing times and hope for the best.

 

Thanks for your responses.

Employer petitions are a small portion of the total that uscis handles, and in general it still makes sense to file as soon as you can to get as close to the front of the queue as possible for when the ban is lifted. 

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Filed: AOS (pnd) Country: Australia
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4 hours ago, Lucky Cat said:

USCIS Service Centers are still processing petitions.  What makes you think fewer are coming in to USCIS ?   

 

4 hours ago, Jorgedig said:

This is where the distinction between petitions and visas is important:  there is no ban on submitting petitions.  The ban is on DOS issuing of visas at consulates and embassies.  

 

I don't think my assumption that there are less petitions being filed is crazy.

Based on several news reports, USCIS has confirmed that they are running out of money due to a decreased amount petitions coming in.

 

An analyst had this to say:

"The agency's depleted funds appear to be the result of the administration's policies that decreased the number of petitions -- and thus fees -- received by USCIS, said Sarah Pierce, a policy analyst for the US Immigration Policy Program at the Migration Policy Institute. As fees dropped off, costs went up for vetting and fraud detection, according to Pierce."

 

But of course, if USCIS has to furlough more than half its staff, we might see a substantial increase in processing time.

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6 minutes ago, Bepster said:

I don't think my assumption that there are less petitions being filed is crazy.

I didn't say you were crazy for your assumption.  I said there was no ban on petitions being submitted at this time.

 

And in your OP, you wondered about a change in processing time due to a large number of petitions not being filed. Until USCIS publishes actual data, it is all just speculation.

 

 

 

 

 

 

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Might be illuminating for you to see what the actual breakdown is of petitions uscis gets. The single biggest chunk is EADs, around a quarter of the total, which are from people concurrently applying for or already here in another status so a lot of these are “doubling up” if you think of the actual number of applicants. Ditto for obvious reasons i485s. From what I recall, around half the family based petitions fall under the ban (so half don’t). Anyone who is in the US already can still adjust status even if their category is banned for visa issuance at embassies currently.
 

Naturalization applications are somewhere over 10% of the total and those are not going down because of new policies, if anything the opposite as people look to cement their residence rights. And to put that in context, petitions for alien workers are around half the number of naturalization applications. 
 

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/All Form Types/Quarterly_All_Forms_FY2020Q2.pdf

Edited by SusieQQQ
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6 minutes ago, SusieQQQ said:

Might be illuminating for you to see what the actual breakdown is of petitions uscis gets. The single biggest chunk is EADs, around a quarter of the total, which are from people concurrently applying for or already here in another status so a lot of these are “doubling up” if you think of the actual number of applicants. Ditto for obvious reasons i485s. From what I recall, around half the family based petitions fall under the ban (so half don’t). Anyone who is in the US already can still adjust status even if their category is banned for visa issuance at embassies currently.
 

Naturalization applications are somewhere over 10% of the total and those are not going down because of new policies, if anything the opposite as people look to cement their residence rights. And to put that in context, petitions for alien workers are around half the number of naturalization applications. 
 

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/All Form Types/Quarterly_All_Forms_FY2020Q2.pdf

 

Thanks Susie.

That's really helpful.

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