What can I do if my Immigration Case is taking forever to process?

Angelica Rice • December 15, 2022

    COVID-19 has impacted many parts of our lives, and unfortunately this also includes the work of USCIS. Previously processing times were somewhat reasonable, but lately some cases are taking a year or more to process when the original processing time was much shorter. Even worse, some cases seem to have fallen completely off the agency’s radar and USCIS is not taking any action on them at all. What can you do to try and move your case along?


Call the USCIS contact center and place an inquiry about the status of your case

The USCIS contact number is 1 (800) 375 5283.


    If your case is outside of the normally posted processing times (meaning that it has been pending for longer than the posted processing time for your type of case), you can call this number, speak with an officer, and place an inquiry about what is holding up the processing of your case.


  • Submit an Ombudsman Request


    If the USCIS inquiry does not work, you can place an Ombudsman Request. The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS). Ombudsman Requests usually receive a response within a few weeks or months of being submitted.


https://www.dhs.gov/topic/cis-ombudsman/forms/7001#no-back


  • Contact a Congressional Representative

    If submitting an Ombudsman Request does not work, you can contact your local congressional representative for your district and request their assistance with your immigration case.


    The first step for congressional assistance is finding the name and contact information of the congressional representative from this website – www.house.gov. At the top right section of the screen there should be a prompt that says “Enter your zip code.” Once your zip code is entered, your representative's name and contact information should appear.


    Their contact information is usually an email address and a phone number, although email is generally preferred. Once the congressional representative has been contacted and the situation is explained, the congressman would inform you of any form or document that needs to be submitted. If an expedite request is being filed through the congressional office, the documents proving the reasons for expedited processing will be required by the congressional office.


    One of the general forms that is required for all inquiries with the congressional representative is the privacy waiver. A congressional office cannot contact the USCIS regarding an immigrant application without the permission of the applicant. This waiver would give them the permission to access the application and information that the USCIS has. Consequently, a privacy waiver needs to be filled out which will require: information about the case, the USCIS case number, general identification information, a summary of the issue, efforts taken to solve the issue, and any other key documents. This waiver would allow the congressman to provide updates about the application at hand.


    From that point on, the congressman should be able to guide the applicant in the right direction for any updates or additional documents that are required. The USCIS typically resolves cases within 30 days of the request sent by the congressional office whether that be through email or written correspondence.


  • A last resort: File a Writ of Mandamus Action


    In immigration, a mandamus is generally a civil lawsuit against the United States Citizenship and Immigration Services (USCIS) in Federal Court.

This lawsuit asks the court to compel the immigration agency to make a decision on the immigrant plaintiff’s application or petition.

In addition to USCIS, the injunction also allows you to file a lawsuit against other US agencies, such as:


- The Federal Bureau of Investigation (FBI);

- The Department of Homeland Security (DHS), and

- US consulates or embassies.


    The injunction can be used in cases where there has been an unreasonable delay or an illegal withholding of action.

    This type of action should be considered as a last resort, after other means have been fully explored.


    I order to decide if one of these options is right for you, please contact our office and consult one of our highly experienced immigration professionals today!


This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

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Angelica Rice

USCIS Changes H-1B Lottery to Wage-Based Selection

By Kris Quadros-Ragar • January 15, 2026
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.

Increase in issuance of EB-1A RFEs

By April Perez • January 9, 2026
During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence.  If you believe you may qualify for this type of visa, please feel free to contact our office.
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