The USCIS issued last week its Fiscal Year 2022 Progress Report, which summarizes the achievements of the agency over the past fiscal year, as well as the challenges it experienced.  The report also lays out certain initiatives the agency plans to pursue in the 2023 fiscal year.

While much of the report is devoted to the “humanitarian” aspect of the United States immigration process, it contains a number of provisions that directly affect employment-based or business immigration matters.  These are the following:

• Maximizing Employment-Based Immigrant Visa Numbers. The report notes that the USCIS issued all available employment-based immigrant visas in the 2022 fiscal year, with a total of 275,111 visas issued.  This represents an increase of 79,604 visas over the 2021 fiscal year, or, in the USCIS’ words “double the typical number of employment-based immigrant visas.”  
• Goal to Reduce EAD Wait Times. The report identifies as a priority the reduction of EAD waiting times and notes that its pending caseload for certain EAD renewal applications has returned to a “normal level.”  The report provides a graph that show that the number of pending EAD renewal applications has been reduced from over 125,000 in September 2021 to less than 50,000 in September 2022.  USCIS’ stated internal “time goal” for EADs is currently three months, although in practice, fluctuating wait times may continue based on several factors including budgeting, staffing levels, and improvements in technology.
• Increased Availability of Seasonal Worker Visas. USCIS plans to make more temporary H-2B visas for seasonal workers available in fiscal year 2023, and states that 64,716 supplemental H-2B visas will be issued.  The supplemental visas will be in addition to the baseline of 66,000 H-2B visas that are available each fiscal year.
• Further Expansion of Premium Processing for I-140 Petitions. USCIS intends to implement Premium Processing for all employment-based Form I-140 immigrant petitions.  At present, Premium Processing is available for all EB-3 and EB-2 immigrant petitions based upon a labor certification and all EB-1 immigrant petitions for Aliens of Extraordinary Ability and Outstanding Researchers and Professors.  Premium Processing is available for EB-1 Multinational Executive and Manager petitions and EB-2 petitions requesting a National Interest Waiver only if the petitions were filed on or before January 1, 2022, and February 1, 2022, respectively.  
• Premium Processing for Student and Exchange Visitor EAD Applications. USCIS will make Premium Processing available for certain I-765 EAD applications filed by students and exchange visitors.  At present, Premium Processing is not available for any I-765 applications, although a provision allowing this for a fee of $1,500 and a processing time of 30 business days was included in a March 30, 2022, Final Rule (the rule also allowed Premium Processing for I-539 applications).  
• Simplification of Common Application Forms. The USCIS indicates that it plans to “simplify” certain applications for immigration benefits, including Form I-765 (Employment Authorization Document application), Form I-485 (Adjustment of Status application) and Form N-400 (Naturalization Application).  Under the Trump administration, the length of Form I-485 grew to 18 pages, with information of questionable relevance being required.  
• Permanent Removal of Biometrics Requirements for I-539 Applicants. Biometrics The report indicates that a “permanent” exemption from the collection of biometrics information for Form I-539 applicants will be established.  This requirement, introduced during the Trump administration, has been temporarily suspended since May 17, 2021.  

T&S Takeaway: Fiscal Year 2022 Progress Report highlights positive changes and goals that, if implemented, could pave the way for certain improvements in the immigration process for employment-based visa workers and their employers in the months ahead.  The USCIS is a fee-based agency, and thus theoretically self-sustaining, but will continue to require Congressional financial support in the form of appropriations in the coming year.  The agency also plans to increase the fees it charges for its services, and a Proposed Rule containing these increases was cleared at the end of November by the White House Office of Management and Budget Review.  The content of this rule has not yet been made public, but any fee increases will be subject to public review and commentary before they are implemented.