Why Does USCIS Constantly Change Their Timelines and Cause Delays?

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Why USCIS Timelines Keep Changing

USCIS’s timelines are constantly changing, and foreign nationals across the board are seeing processing delays for various reasons.

Trump Administration Policy Changes

One major reason for delays has been the sweeping changes and technical adjustments made by the Trump Administration since 2017. The Trump Administration instituted more than 400 executive actions that affected visa processing and vetting.

Under the Trump Administration:

• I-140 and I-485 applications were halted and delayed due to additional vetting and policy changes.
• Leadership at both USCIS and the State Department encouraged officers to:
  • Issue blanket denials of cases
  • Issue more requests for evidence
  • Generally slow down the immigration process
• Other policies included:
  • Requiring repeated biometrics of children and spouses
  • Mandating in-person interviews
  • Rejecting various applications contrary to regulations

Impact of COVID-19

The COVID-19 pandemic also significantly impacted USCIS operations. USCIS had to close offices and shift to remote work, which led to inefficiencies and processing delays.

Biden Administration's Efforts

The Biden Administration has vowed to undo many of these policy changes, but such action will take a significant amount of time due to legal and constitutional constraints. Therefore, USCIS’s timelines will likely continue fluctuating.

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Do These Same Issues Affect the Department of Labor (DOL)?

The same processing time issues seen with USCIS are also present with the Department of Labor (DOL). The accuracy of processing times posted on the DOL website is similar to that of the USCIS website.

How to Check DOL Processing Times

Applicants can access processing times for DOL here. On the website, the Department of Labor has a section titled “PERM PROCESSING TIMES.” This section is updated randomly by the Department of Labor.

The chart presents:

• Analyst Review: Cases under initial review by the Department of Labor.
• Audit Review: Cases that were audited at the date displayed.
• Reconsideration Request to the CO: Cases being reviewed after a request for reconsideration.

Why DOL Dates Are Often Inaccurate

Despite the information presented on the website, the dates reflected are not necessarily accurate. Officers move at different speeds and are not legally obligated to follow the timelines outlined on the websites. The dates listed on the Department of Labor's website should be used as a general guideline rather than a fixed timeline.

Employer-Driven Process

It’s important to note that the DOL process is an entirely employer-driven process. Employers are responsible for completing and filing labor certifications.