AAO Processing Times Report (September 1, 2009)

Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

About the AAO

As a short preliminary background matter, the AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing centers.  The Freedom of Information Act (FOIA) requires that all AAO decisions be made available to the public.  As a result, AAO decisions are accessible in reading rooms at USCIS headquarters here in Washington, DC and at field offices.  Also, some (but not all) AAO decisions are available online.

Current AAO Processing Times

USCIS has released the average processing times for cases pending at the Administrative Appeals Office (AAO) as of September 1, 2009  Overall, we notice delays across all categories.

Among the most notable AAO processing times:

• H-1B appeal takes 16 months (no change from when last reported as of July 28, 2009);
• I-140 EB1 Extraordinary Ability takes 8 months (compared with 9 months as of July 28, 2009), Multinational Manager or Executive takes 10 months (no change) while EB1 Outstanding Professor or Researcher category is current (meaning less than 6 months);
• I-140 EB2 (Advanced Degree) takes 26 months (compared to 25 months as of July 28, 2009) while EB2 (NIW) is current (meaning less than 6 months); and
• I-140 EB3 Skilled Worker takes 22 months (no change) while EB3 Other Worker takes 20 months on appeal (compared to 19 months as of July 28) on appeal.

Read the full AAO Processing Times report.