AAO Processing Times Report (July 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 July 1, 2009.  Overall, we notice delays across all categories.

Among the most notable AAO processing times:

• H-1B appeal takes 16 months (compared to 15 months when last reported in May 2009);
• I-140 EB1 Extraordinary Ability takes 10 months (no change), Multinational Manager or Executive takes 10 months (compared to 9 months) while EB1 Outstanding Professor or Researcher category is current (meaning less than 6 months);
• I-140 EB2 (Advanced Degree) takes 26 months (compared to 24 months in May 2009 and 21 months in March 2009) while EB2 (NIW) is current (meaning less than 6 months); and
• I-140 EB3 Skilled Worker takes 22 months (compared to 21 months in May 2009) while EB3 Other Worker takes 18 months (compared to 16 months in May 2009) on appeal.

Read the full AAO Processing Times report.