Immigration status can be life-changing, so even brief delays can be painful. Unfortunately, lengthy processing times and status uncertainty have become increasingly common, largely due to the Trump Administration’s policies.
The two main explanations for delayed processing times are:
1) lack of visa availability (i.e., quotas on visas imposed by law) and
2) delays within the immigration agencies.
Our team of New Orleans immigration lawyers at Pelton + Balducci can help you understand and navigate the reasons for delay, where possible.
Immigration Visa Quotas
The limited number of available visas is one of the main reasons immigration cases can take so long. The United States imposes numeric quotas on certain types of visas.
In the case of “immigrant visas” (i.e., permanent residency), there are quotas established by law. The allocation of these visas among the different types of employment-based and family-based categories is extremely complicated. In addition, the INA places limits on how many immigrants can come to the U.S. from any one country.
Since there are high levels of immigration from China, India, Philippines, and Mexico, wait times for citizens of these countries are often longer than those of other countries.
There is a wide variety of “nonimmigrant visas” (those for temporary stays in the U.S.), some of which also impose quotas. For example:
- H-1B visas are for individuals in so-called “specialty occupations”, which are occupations that require specialized knowledge and a minimum of a bachelor’s degree. With certain exceptions, the INA allows only 65,000 H-1B visas each fiscal year (plus an additional 20,000 visas for individuals with a master’s degree or higher). Since the number of H-1B visa applicants generally exceeds the number of visas, USCIS chooses who gets to apply for an H-1B through a lottery. If you are not selected in the fiscal year you applied, you have to reapply through the lottery in the following year. Therefore, it can take many years for applicants to finally get their H-1Bs.
- “U visas” are available to victims of certain crimes (including domestic violence, sexual assault, felonious assault, and trafficking). They cap at 10,000 per year. However, there is no cap for the original U visa applicant’s family members. Unlike the H-1B lottery system, petitioners for U status get placed in a very long line. Currently USCIS is not publishing wait times for U visas; however, it’s common for these cases to take five years. “T visas”, which are specifically for certain trafficking victims, also have an annual quota, but this has not been reached. Therefore wait times are significantly less than those for U visas.
U.S. Policies and External Factors
Internal agency challenges and policies can also be a source of delay, as are external events such as natural disasters and the pandemic. For example, applicants living in the jurisdiction of the New Orleans USCIS Field Office saw their processing times skyrocket after office operations were disrupted by Hurricane Katrina and other hurricanes impacting the region. The current pandemic delays have clearly been more widespread.
Three executive departments handle immigration cases.
The following departments handle immigration:
- Department of Homeland Security, which includes the U.S. Citizenship and Immigration Services (USCIS) department
- Department of Justice, which includes immigration courts
- Department of State, which includes consulates and handles visa applications outside the United States
In 2025, the new administration made significant changes to immigration in the United States.
Here are some of the key changes immigrants should know:
- Increased Enforcement and Deportations: The administration is significantly expanding immigration enforcement, including expedited removal policies, increased staffing for ICE and CBP, and heightened workplace and community raids.
- Targeting Birthright Citizenship: Executive orders are attempting to deny U.S. citizenship to children born on American soil to undocumented immigrants, a move that directly challenges the 14th Amendment and is currently facing major legal challenges.
- Expanded Migrant Detention: For the first time, detained migrants are being transferred to Guantanamo Bay Naval Base, expanding its use as an immigration detention facility, raising human rights concerns.
- Refugee Admission Restrictions: There’s a suspension and restriction on refugee admissions, with indefinite bans for refugees from certain countries and stricter asylum policies, including higher burdens of proof and increased detention.
- Border Wall Construction and Sanctuary City Funding Cuts: Funds are being reallocated for renewed construction of the U.S.-Mexico border wall, and federal funding is being suspended for “sanctuary cities” that limit cooperation with federal immigration enforcement.
Contact Pelton + Balducci Louisiana Immigration Lawyers Today
Unfortunately, delays are a routine part of the immigration process and working with a large government bureaucracy.
What’s more, online information can be unreliable, even those published by the government – including consulate processing times, USCIS processing times, and information provided by those agencies’ inquiry services.
However, you don’t have to sit idle while the government struggles to process your request. New Orleans immigration lawyers Pelton + Balducci can help you understand and navigate these delays whenever it is possible.
Let our Louisiana team help you make this great land your permanent home as soon as possible. Contact us for a consultation today.
