USCIS Processing Times Reports – How to Interpret and Are They Reliable?

Anyone who has ever filed a petition of some sort with USCIS has wondered, “How long would I have to wait to get a response from USCIS on my application?”     Chances are that such an applicant has used the online status check and has also checked the “normal” processing times for the type of a case they have had filed.   Many of our clients and readers are well aware of these two resources and we encourage following the information posted on the USCIS website.    However, we often receive questions by clients on how to interpret the processing times posted on the USCIS website and whether these reports are actually reliable.    We seek to provide a little bit of information on how these government processing times reports are compiled, how to interpret them and whether they are reliable at all.

Recent Issues with Inaccurate Processing Times Reports

Over the past few months, we have seen an increasing number of cases for which the processing times reports do not reflect accurate case status.  In other words, the processing times reports have been inaccurate, in some cases, substantially so.   For example, when USCIS processing times indicated that H-1B cases are processed within 3 months, our office had a number of pending cases which had been pending well above this time period.

USCIS has addressed some of these concerns and have taken steps to correct the way the processing times are gathered and reported to ensure higher quality data.     In the past, internal investigations by USCIS have revealed that some of the processing times are simply being reported incorrectly.   For example, the Texas Service Center had inadvertently been processing cases out of their receipt order, thereby deviating from their standard first-in/first-out policy.    We were assured that this deviation has been corrected.

How Are Processing Times Determined?

The USCIS calculated processing times are intended to be a reflection of the number of months of application/petition receipts that an office’s inventory of pending cases represents.    For example, a 4-month processing time reported for a service center indicates that the inventory of pending cases (waiting to be processed) was equal to the number of cases that the center had received over the past 4 months.    This means that the processing times are somewhat backward looking in the sense that they do not necessarily reflect how long a new case would remain pending.

USCIS also shows the online processing times based on workload processing goals.   If USCIS is processing a specific type of a petition in less time than the processing goal, the processing time would be shown in months.    If USCIS is taking longer than the processing time goal to handle a case, USCIS will post the specific filing date of the oldest pending case the service center has to process as of the date of the processing time chart.

USCIS’s methodology in calculating the processing times is as follows:   USCIS only calculates the time a case is considered to be actively pending with USCIS and is under adjudication.  It does not take into account the time USCIS is waiting or an action by the applicant or petition.   As an example, the time is takes for USCIS to issue and wait for a response to a request for evidence (RFE) (usually 84 or 87 days), is not reflected in the processing times.

USCIS Working to Provide More Recent Processing Times Information

Another substantial problem with the processing times report is that the data is simply very old.    Often, by the time a processing times report is published online, it is already 30-, 45- or even 60-days old.    USCIS has indicated that it works with its internal IT and Performance and Quality Departments to try to speed up the information gathering and reporting process.   According to USCIS, the current process of gathering the processing times information is manual and based on self-reporting.   USCIS is working on a new system which should allow automated, accurate and faster reporting.    The system is currently being tested and is scheduled for implementation in early fiscal year 2013.

Reliability vs. “Outside of Processing Times”

With all of this background information on how the USCIS processing times reports are compiled, it should not come as a surprise when many start to question the reliability and the usefulness of the processing times reports.    Yes, they may not reflect the most recent information and yes, they may not be fully accurate, but they do serve an important purpose in the adjudication process and our office takes full advantage of the processing times reports to advance our clients’ cases.

Normally, when a case is “within” the normal processing times, there is often very little or nothing that can be done to try to move the case forward.   However, when a case is considered to be outside of the reported processing times, the government allows a service request to be opened and to look into the case status and seek to have it “expedited” or, at least, reviewed.   This is when the processing time reports become very useful — if a case is pending beyond the normal processing times, as current reported by USCIS, then it may be an option (and a good idea) to seek to open a service request with USCIS on the status of the case.     In the past, on many occasions, we have been able to secure quick case adjudication by opening service request on a case which is pending beyond the normal processing times; as a result, while the actual report may not be very reliable and accurate, it is an important tool case management tool.

Conclusion

The ability to obtain recent, accurate and timely information on a case’s processing status and expected turnaround is vital for our office and for our clients and readers.   We remain hopeful that USCIS would continue working towards improving their online case status system and its processing times reports.     We will continue monitoring this subject and provide updates to our clients and readers.   Please do not hesitate to contact us if we can help you.   Also, please visit us again or subscribe to our free weekly newsletter to ensure that you obtain related immigration-related news and announcements.