AAO Processing Times Report (July 28, 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 28, 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 1, 2009);
• I-140 EB1 Extraordinary Ability takes 9 months (compared with 10 months as of July 1, 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 25 months (compared to 26 months as of July 1, 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 19 months on appeal (compared to 18 months as of July 1) on appeal.

Read the full AAO Processing Times report.