AAO Processing Times Report (December 1, 2010)

Our office has established a reputation as one of the premier practices for handling 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.    The AAO processing times are published monthly, at the beginning of the month, and we are providing monthly updates and analysis for the benefit of our clients and readers.

About the AAO

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 November 1, 2010.

Among the most notable AAO processing times:

• H-1B appeal takes 15 months (no change compared to our last report as of November 1);
• I-140 EB1 Extraordinary Ability takes 10 months (increase by one month), Multinational Manager or Executive takes 16 months (no change) while EB1 Outstanding Professor or Researcher category takes 6 months or less (no change);
• I-140 EB2 (Advanced Degree) takes 25 months (increase by one month) while EB2 (NIW) takes 10 months (no change); and
• I-140 EB3 Skilled Worker takes 28 months (increase by one month) while EB3 Other Worker takes 16 months on appeal (decrease by four months).

In related developments, the USCIS Director Mayorkas has authorized the hiring of 15 new adjudicators to the AAO staff (which currently  has 88 employees) and the new adjudicators are expected to be on board by the summer of 2011.

Read the full AAO Processing Times report.   If our office can be of any assistance regarding AAO representation or consultation, please contact us.  Also, please feel free to subscribe to our free weekly newsletter to receive updates and immigration news.