USCIS Processing Time Update 2026: Why Is USCIS Requesting More Paperwork Despite Backlogs?
An analysis by Immigration Impact examines the contradiction of USCIS requesting additional documentation from applicants while already struggling with massive processing backlogs and staffing challenges.
A recent analysis by Dara Lind for Immigration Impact raises a pointed question about U.S. Citizenship and Immigration Services: if the agency is already overwhelmed with a mounting paperwork backlog, why is it continuing to demand more documentation from applicants? The piece explores the operational and policy tensions within USCIS that affect millions of immigration cases, including EB-3 employment-based petitions.
USCIS has faced ongoing scrutiny over its processing times, which have stretched to years for many employment-based categories. Critics argue that issuing additional Requests for Evidence (RFEs) or introducing new documentation requirements only compounds delays without improving adjudication quality. For EB-3 applicants — including skilled workers, professionals, and unskilled workers — these compounding delays can mean years of waiting in limbo.
The analysis points to a structural tension at USCIS: the agency operates primarily on application fee revenue, which creates a financial incentive tied to the volume of transactions it processes. At the same time, staffing reductions and increased enforcement priorities have strained its capacity to adjudicate cases efficiently.
For EB-3 applicants and their employers, the practical implication is continued vigilance in preparing complete, well-documented petitions from the outset to minimize the risk of RFEs. Immigration attorneys recommend proactive documentation strategies to reduce back-and-forth with USCIS and avoid further delays in an already congested system.
USCIS has announced a court order affecting its hold policies, with potential implications for pending green card and adjustment of status applications in 2026.
A federal court in Rhode Island struck down USCIS policies that had paused millions of immigration applications, including EADs and adjustment of status cases. The ruling orders immediate resumption of adjudication, offering relief to employers and EB-3 applicants awaiting green cards.
A federal court temporarily reinstated USCIS authority to collect the $100,000 H-1B consular fee on June 12, 2026, just days after striking it down. The appeal is now before the First Circuit, creating continued uncertainty for employers.