NSC I-140 processign dates

I-140 backlogs mounting ...

... from immigration law website
09/19/2007: USCIS Growing I-140 Backlogs and Dilemma of Reinstatement of I-140 Premium Processing

  • The September 15, 2007 Service Centers Processing Times report misses the I-140 processing times for TSC, but the processing times for I-140 as reflected in the NSC and VSC reports indicate that the processing times of I-140 have been continuously deteriorating. Additionally, the statistics of total I-140 pending cases grew from about less than 100,000 cases at the end of June to over 120,000 cases at the end of July 2007. This huge surge of backlog between June and July 2007 may have been affected by the elimination of labor certification substitutiion on July 16, 2007 and filing of substitution I-140 petitions could have brought about unusual increase in backlogs. Without doubt, termination of PPS for substitution cases could have been another factor in the surge.
  • The DOL statistics indicates that they have been adjudicating average 10,000 PERM cases per month. For the Backlog cases, in about 45 days between July 20 and September 6, 2007, they adjudcated approximately 17,000 cases. Statistically, PERM certification rate was known to be approximately 80% and Backlog certification cases amounted to approximately 55%. Adding these sources of the labor certification approvals did not amount to a large number between August and early September 2007. Accordingly, these new labor certification cases should not affect a surge of I-140 backlog in August exceeding the figure at the end of July 2007, had the USCIS reinstated the Premium Processing Services on August 2, 2007. Unfortunately, the USCIS did not reinstate the PPS after August 2, 2007. It will be interesting to learn how such decision could have affected the I-140 backlogs at the end of August 2007.
  • Unconfirmed sources indicate that the USCIS was and is not prepared to reinstate the PPS of I-140 petitions for fear of a potential opening of flood gate for PPS filings and their inability to meet the legal requirement of adjudication of such flooded cases within 15-day time limit. Such fear is well founded and understandable. However, the USCIS could have considered reinstatement of I-140 petitions in a step-by-step basis among different types of cases rather than completely continuing suspension of the PPS for all types of cases indefinitely. In a way, such option may resolve their current predicament. We have no idea how they should structure such step-by-step reinstatement of I-140 PPS among different types of cases, but from the perspectives of the USCIS goal to remove the backlogs and the perspectives of the foreign workers who need I-140 petition approvals for the purpose of AC 21 portability and three-year increment H-1B extension, such action may serve squaredly the "public interest" in all respects. We urge the USCIS leaders to consider the foregoing suggestion as soon as possible. The need for such action appears to be mouting in that the EB immigration process will take a long time in the future as affected by the flood of I-485 filing of July VB fiasco cases, while there is growing concern that the nation's economy may slow down as affected by mortgage market bubbles, and unless they take advantage of AC-21 portability and three-year H-1B extension, some of them may not be able to survive in the immigration journey after wasting years of their lives in navigating in a wild open ocean.
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