The USCIS Administrative Appeals Office ("AAO") statistics indicate that processing times have been reduced in some categories.  The Processing Times Chart, published by AAO, can be accessed here: http://tinyurl.com/23tf4vx.  Please note that when a processing time is listed as “current”, it means processing time is six months or less.  These processing times often have the effect of deterring meritorious cases from being appealed as there are grave consequences in many cases if an appeal fails.

The posted processing time for the appeal of an H-1B petition is sixteen (16) months.  If you are attempting to change status to H-1B or even transferring H-1B employers, filing an appeal which is not won can mean months or years without work and the risk of triggering the three and ten year bars to admission should the foreign national depart.

With respect to the I-140 petition, a processing time of thirty-two (32) months is posted for appeals in the EB-3 Skilled/Professional Worker category.  For EB-2 PERM cases, a processing time of twelve (12) months is posted.  Given that USCIS routinely denies an underlying I-485 green card application and revokes work permits and advance paroles while an I-140 appeal is pending, these times mean that companies lose valuable talent because the foreign national cannot work while an appeal is executed.  An underlying status, such as H-1B or O-1, can be the saving grace upon which the foreign national may rely while waiting out the adjudication of a lengthy appeal.

Thus, it is all the more important that bullet proof H-1B petitions and I-140 petitions be filed with USCIS, using skilled and expert immigration attorneys.  There should not be a penalty for appealing a case where the appeal is not frivolous. Please contact us if you need assistance at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .