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Author: Jameel Manji, Founder, Manji Law, P.C.
Mr. Manji founded Manji Law in 2016 to follow his passion of helping people navigate the complicated immigration system. Mr. Manji graduated from Georgia State University College of Law and received Master of Taxation from the Georgia State’s J. Mack Robinson College of Business. Published on: February 09, 2023.
Manji Law is your complete immigration solution. If you are seeking assistance with the Atlanta Immigration Court, please give us a call. Manji Law can provide valuable insight, assistance, and a guiding hand to help you achieve your goals.
Processing Time for Visas
One of the most oft-asked questions when dealing with immigration issues is: “How long is this expected to take?” Immigration, whether successful or unsuccessful, is life-changing for the applicant and their families. Long waiting times for processing have real-life consequences for real-life applicants.
It is rarely fully appreciated just how difficult it is for an applicant to wait between six months to a year for a response. Despite significant improvements to the process to shorten processing times, the balance between equity, fairness, and national security necessitates a thorough approach, which is, by its nature, lengthy. Some aspects are within the applicant’s influence, but many are not.
For more information, contact immigration professionals from Manji Law.
Current Visa Processing Times
Current processing times for employment-based immigrant visas may be slower than usual due to a massive backlog from the effects of Covid 19 lockdowns since early 2020.
Processing immigrant visa applicants involves the Department of State (DOS), US Citizenship & Immigration Services (USCIS), and Department of Labor (DOL), all working in lockstep. All of these have seen significant disruptions during the Covid period resulting in delays in the issuance of nonimmigrant and immigrant benefits, as well as supplemental benefits, including Social Security Numbers and driver’s licenses.
Will USCIS Speed Up Processing Times in 2023?
The current administration knows the problem and has implemented a multi-pronged strategy to address the backlogs. As a result, various improvements are being implemented between the DOS, USCIS, DOL, and Customs and Border Patrol (CBP), which should gradually improve in 2023.
Unfortunately, some of these improvements involve staffing and training, which takes quite some time, so some upgrades will only be seen at the end of 2023 and 2024.
Qualified attorneys from a reputable immigration law firm can offer up-to-date information and valuable assistance with your family first preference (F1) visas. Call to schedule a consultation.
What Are the Specific 2023 Processing Times?
The following processing times of various 2023 visa applications are estimations. Remember that each visa application has its challenges, and processing time can vary significantly depending on the type of visa, the complexity of the case, the compliance by the applicant, and the current workload in the department.
General USCIS Processing Times
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K1 visa, also known as the fiance visa: Form I-129, takes six months.
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EB3 Visa: Form I-140 takes 14,5 months.
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U-Visa: Form I-918 takes 60.5 months.
H4 Visa Processing Time
There are several forms required for an H4 visa. The approximate processing times for each are:
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Form I-765 – 11 months
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Form I-539 – 10.5 months
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Form I-129 – 3 weeks
K3 Visa Processing Time in 2023
There are several forms required for a K3 nonimmigrant visa for a spouse. The approximate processing times for each are:
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Form I-130 – 11.5 months
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Form I-797 – 1 to 3 weeks
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Form I-129F – 15.5 months
EB-5 Visa Process Time
The EB-5 visa application requires the submission of the following forms:
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I-526 petition – six months
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I-485 application – six months
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I-829 petition – 61 months
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I-924 application – four to ten months
EB-5 visas require form DS-260, which has additional requirements of Form I-526 for investors, which takes approximately fifty-eight months, and Form I-130 for family-based immigration, which takes approximately 32 months.
EB2 Visa Processing Time in 2023
Processing time for Form I-140 can take anywhere from 10 months to over two years. Once the I-140 is approved, the applicant may wait for a visa to become available.
Many wonder whether EB2 will retrogress in 2023. USCIS has published the January 2023 Visa Bulletin. Unfortunately, no categories in the bulletin have yet seen any improvement in processing times. However, the good news for the India EB2 and EB3 categories is that there is no retrogression for January 2023.
H 1B Visa Processing Time in 2023
For an H1B visa, there are two options for submitting the I-129 petition. The standard submission will take two months. However, you can elect premium service for a premium service fee which then takes approximately two weeks.
When possible, it may be beneficial to consult with an experienced H1B immigration lawyer to discuss how processing times may affect your visa.
Can I Get My Visa Approved Faster?
Submitting a visa application can be quite technical and pretty complex. Here are a few pointers to ensure you get your visa approval notice faster.
Avoid Mistakes
Mistakes in your application usually result in delays and potentially even outright rejection. Therefore, pay attention to detail and ensure you provide the requested information.
Attach All Relevant Additional Documents
Most forms require you to attach documents as evidence to underpin claims you make in your form. It’s a good idea to include all documents which may be relevant and not only the minimal documents requested. More is better. This will avoid requests for evidence which always delays the processing time of the application process.
Use the USCIS Service Request Channel When Necessary
If there are any unusual delays with your application, consider using the special service request channel at USCIS. If the administration loses your application, for example, this could speed up the processing or reduce any resulting delays.
Use Premium Processing or Expedited Processing if Available
Premium processing is available to workers coming through the USCIS and offers processing within 15 days for a premium processing fee. So if you can afford it, this service can save enormous time.
A vital situation may require expedited processing, but not everyone can afford the fee. In this case, you can approach the USCIS and request what is known as expedited processing. Having the counsel and advocacy of a skilled immigration attorney can be helpful.
Consider Hiring an Attorney
A highly skilled immigration law firm deals with immigration issues, representations, and issues daily. They are familiar with all the ins and outs of the immigration process and are aware of what constitutes acceptable processing times.
Student immigration lawyers can assist with delays and know the correct channels to pursue to minimize delays where possible. They offer a full range of citizenship and immigration services and would love to help you. Give Manji Law P.C. a call for a free case evaluation today.
