USCIS Backlog Grows Even as Immigration Filings Decline
Vaida Plesa, Esq.
Table of Contents
U.S. Citizenship and Immigration Services (USCIS) is facing a growing backlog even though the agency is receiving substantially fewer immigration filings. Recent data reveal a concerning decline in USCIS case completions and a sharp increase in the estimated time needed to work through pending cases.
USCIS Backlog Continues to Grow
USCIS data for the second quarter of fiscal year 2026 show that approximately 12.1 million immigration applications and petitions were pending with the agency. That represents a 7.2% increase compared with the same quarter of the previous fiscal year.
At the same time, USCIS completed approximately 1.5 million cases during the quarter. This was the eighth consecutive quarter in which the number of completed cases declined.
The estimated time needed to clear the backlog also increased substantially, rising from approximately 12.5 months in fiscal year 2025's second quarter to 24.1 months one year later.
Fewer Filings, But Also Fewer Decisions
One of the most striking findings is that USCIS received approximately 45% fewer filings in the second quarter of fiscal year 2026 than during the same quarter of fiscal year 2025. Ordinarily, fewer incoming cases might be expected to reduce pressure on the agency.
However, USCIS also completed approximately 44.5% fewer cases. In other words, the decline in incoming filings has not translated into faster case processing. The agency's reduced output has contributed to the continued growth of the pending caseload.
Important: A decrease in USCIS filings does not necessarily mean that an individual immigration case will be decided more quickly. Processing times can vary significantly by form, case type, office, and other factors.
Which Cases Are Most Affected?
The increase in pending cases has not been evenly distributed across all immigration benefits. The data show particularly significant increases in several categories.
- Employment authorization: Pending I-765 applications for people with adjustment-of-status cases increased by approximately 206%, from about 191,000 to 585,000 cases.
- Refugee adjustment: Pending adjustment-of-status applications for refugees increased by approximately 190%.
- Nonimmigrant worker petitions: Pending I-129 petitions, including petitions involving categories such as H-1B, L-1, and O-1 workers, increased by approximately 90%.
The data also show substantial changes in approval rates in several categories. These changes reinforce the importance of looking at the specific immigration benefit involved rather than relying only on USCIS's overall processing picture.
What This Means for Immigration Applicants
For immigrants and their families, USCIS delays can have consequences far beyond the inconvenience of waiting. A delayed employment authorization document can affect someone's ability to work, while a delayed adjustment-of-status case can leave a family waiting longer for permanent residence.
Employers can also be affected when employment-based petitions or related applications remain pending. Applicants should therefore pay attention not only to the overall USCIS backlog but also to the processing information for their particular form and case.
The data also show why applicants should be cautious about assuming that a case is moving normally simply because USCIS continues to process cases in that category. A case may require attention when it has remained pending well beyond the applicable processing timeframe or when a delay creates an urgent immigration or employment problem.
What to Do When an Immigration Case Is Delayed
If your USCIS case has been pending for an unusually long time, start by reviewing your receipt notice, case history, current processing information, and any deadlines or expiration dates that may affect you. Keep copies of all USCIS notices and correspondence.
Depending on the circumstances, an immigration attorney may be able to evaluate whether additional action is appropriate. The right approach depends on the type of application, the length of the delay, and the reason the case remains pending.
Case-specific review: If a prolonged USCIS delay is affecting your employment, immigration status, travel, or family plans, consider getting legal advice before taking action. A case that appears routine may involve issues that require a closer review.
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About the Author
Vaida Plesa, Esq.
Vaida Plesa is the founding attorney of Plesa Immigration Law, LLC, focusing on U.S. immigration law with an emphasis on removal defense, family-based immigration, and protecting immigrants’ rights in an evolving enforcement landscape.
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