EB-1 Outstanding Professor or Researcher Processing Times

As of January 2015

The processing times listed below are posted by the Department of Labor and United States Citizenship and Immigration Services. This does not reflect Global Human Resources' processing time.

*Eligible for Premium Processing

EB-2 Special Handling for Teachers Processing Times

As of January 2015

The processing times listed below are posted by the Department of Labor and United States Citizenship and Immigration Services. This does not reflect Global Human Resources' processing time.

*Eligible for Premium Processing

USCIS July Processing Time Reports

From Council for Global Immigration, 07/15/2014

USCIS has issued updated processing time reports for the month of July, which show processing times as of May 31, 2014 for the Vermont Service Center (VSC), California Service Center (CSC), Texas Service Center (TSC), Nebraska Service Center (NSC) and the National Benefits Center (NBC).

As of the end of May, all categories of H-1Bs were reported as being processed in 2 months at both CSC and VSC.  As a reminder, processing of premium processing cases did not begin until April 28, and processing of regularly filed H-1B cap cases did not begin until after that.  The 2 month processing times should not be taken as any indication of how quickly cap cases will be processed – we expect that processing times will be similar to last year for cap cases when some cases were not processed until very close to, or after, the October 1 start date for H-1B cap hires.

CSC and VSC both continue to indicate the standard processing times for L visas, with standard L visas being processed in one month and Blanket Ls in two months. 

There is now a backlog of EB-1 extraordinary ability cases at NSC, with a processing date of January 2, 2014 – a processing time of nearly 5 months.  All other I-140s continue to be processed in 4 months at NSC and TSC. For employment-based adjustments of status, NSC is processing I-485s in 4 months, but there continues to be a backlog at TSC, with a processing date of December 28, 2013 - a processing time of over five months.

Advance parole and employment authorization forms continue to be processed in 3 months at NBC.

Please click here to access the processing times for the VSC, CSC, TSC, NSC, and the NBC.

USCIS Issues Numerous Requests for Evidence on Pending I-485 Applications

From Morgan Lewis, 06/25/2013

Identical requests on Adjustment of Status applications have been issued specifically to EB-2 applicants chargeable to India

On June 13, the U.S. Citizenship and Immigration Service (USCIS) began issuing a substantial number of identical Requests for Evidence (RFEs) on pending employment-based I-485 Adjustment of Status applications. The RFEs are dated June 13 and June 14, and applicants and their attorneys have now begun to receive hard copies of the RFEs.

The RFEs all appear to have originated from the USCIS's Texas Service Center and have been issued specifically to EB-2 applicants chargeable to India. The RFEs request the following: (1) evidence of continuous employment authorization in the United States from the date of filing through the present and (2) a currently dated verification of employment letter.

In some cases, these requests have been issued to derivative applicants whose eligibility for adjustment does not necessitate an employment offer or valid work authorization.

Continuous Work Authorization

The RFEs request proof of an applicant's continuous employment authorization in the United States from the date that the I-485 application was filed through the present. The nature of the requests suggests that the USCIS is closely scrutinizing whether adjustment applicants have been employed without authorization during the time that their I-485 applications have been pending. Accordingly, applicants and their attorneys should ensure that a complete history of employment authorization is provided with each RFE response.

Verification of Employment Letter

The RFEs also request a currently dated employment verification letter from the applicant's original employer or, in the case of adjustment portability applicants, from the applicant's new employer. The employment verification letters must include the applicant's title, job duties, minimum education or training requirement, dates of employment, and salary offered. In addition, the letters must be printed on company letterhead and bear an original signature by a person authorized to confirm an offer of permanent employment.

Derivative Applicants

In some cases, these RFEs have been issued to derivative adjustment applicants and have included the following erroneous language: "You are an Employment-Based Principal Applicant" and "A valid job offer may be required for your adjustment." Derivative applicants in receipt of these RFEs are being asked to provide proof of continuous work authorization and verification of employment letters. Often, derivative applicants (particularly dependent children) have never applied for work authorization. Moreover, neither of these items is required for adjustment eligibility for derivative applicants under the regulations. It is unclear what the USCIS's reasoning was in issuing these RFEs to derivative applicants; the USCIS may have simply utilized an identical template without regard to context.