The volume of pending cases at the U.S. Citizenship and Immigration Services (USCIS) continues to be an important issue for those pursuing U.S. immigration pathways.
According to an analysis of first-quarter FY2026 data published by the American Immigration Council, USCIS reported approximately 11.3 million pending applications and petitions, representing a significant increase compared with the same period in the previous fiscal year.
For individuals preparing or pursuing an EB-3 case, this figure does not mean that every case will experience the same level of delay. However, it highlights an important reality: as the immigration system handles a substantial workload, preparing complete and accurate documentation and closely monitoring each stage of the process are becoming increasingly important.
What Does 11.3 Million Pending Cases Actually Mean?
The first thing to understand is that the figure of 11.3 million does not represent 11.3 million EB-3 cases or 11.3 million Green Card applications.
It represents the total volume of different immigration applications and petitions under USCIS jurisdiction that were pending at the time the data was reported.
USCIS processes many different types of immigration benefits, including family-based petitions, employment-based cases, naturalization applications, adjustment of status applications, and many other types of filings.
Therefore, this number should not be used to estimate a single processing time for all immigration cases. Actual processing times depend on the type of application or petition, the processing office, the circumstances of each individual case, and many other factors.
Nevertheless, the overall volume of pending cases remains an important indicator of the workload facing the U.S. immigration adjudication system.
Should EB-3 Applicants Be Concerned?
For EB-3 applicants, it is important to distinguish between the USCIS caseload and the overall timeline of the immigration process.
An EB-3 case does not involve USCIS alone. Depending on the circumstances, the process may also involve the U.S. Department of Labor (DOL), USCIS, the Visa Bulletin, the National Visa Center (NVC), and a U.S. consular post.
Therefore, a large volume of pending cases at USCIS is only one of several factors that may affect the EB-3 journey.
Applicants should not assume, based on a general statistic, that their individual cases will necessarily take a specific amount of time. Instead, they should determine which stage their case is currently in and which government agency is responsible for processing it at that time.
The Quality of the Initial Filing Is Increasingly Important
Another important consideration is how USCIS handles evidence submitted with an application or petition.
According to USCIS guidance, officers may generally issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when there is a possibility that an applicant or petitioner can establish eligibility by providing additional evidence. However, USCIS also provides for limited circumstances in which a case may be denied without first issuing an RFE or NOID.
This means applicants should not view an RFE as an automatic opportunity to supplement an incomplete filing after submission.
At the time of filing, the application or petition should already satisfy the applicable initial evidence requirements for that particular filing.
An RFE Is Not a Mandatory Step in an EB-3 Case
An RFE is a request from USCIS for additional evidence when an officer needs more information or documentation to continue evaluating a case.
However, not every EB-3 case receives an RFE, and an RFE should not be considered a standard stage of the process.
USCIS guidance emphasizes that officers should not issue unnecessary RFEs or NOIDs when the evidence already establishes whether the applicant or petitioner is eligible or ineligible for the requested benefit.
Therefore, the objective when preparing a case should not be to “file first and provide whatever is missing later,” but rather to submit documentation that satisfies the applicable requirements from the beginning.
What Should EB-3 Applicants Pay Attention To?
With a large volume of pending cases in the immigration system, EB-3 participants should focus on the factors they can proactively control.
First, all information provided in the case should be accurate and consistent. Required documentation should be prepared according to the applicable instructions and submitted at the appropriate stage.
For employment-based petitions, the employer and other parties responsible for the case must also prepare the evidence required of them at each stage of the process.
Applicants should also monitor their case status, the Visa Bulletin, and official notices rather than relying solely on initial processing-time estimates.
USCIS may also transfer cases between offices as part of workload management and will issue a notice when such a transfer occurs.
A Long Wait Does Not Necessarily Mean There Is a Problem With the Case
This is another common misconception that should be avoided.
A case taking a long time to process does not automatically mean there is a problem. Likewise, a case that moves quickly does not guarantee a favorable final outcome.
EB-3 is a multi-stage process involving several government agencies and important milestones. Therefore, the status of a case should be evaluated based on its actual stage of processing, rather than simply on the total number of months it has been pending.
Proper Preparation Is More Important Than Focusing Only on Speed
The approximately 11.3 million pending cases at USCIS serve as a reminder that the U.S. immigration system is handling a substantial workload.
For individuals pursuing EB-3, the speed at which government agencies process cases cannot be controlled. However, applicants, employers, and other parties involved can proactively manage something equally important: the quality and accuracy of the case preparation.
Instead of focusing only on the question, “How long will it take to get approved?”, EB-3 applicants should also ask: Where is my case now? Which agency or party is currently handling it? What is the next step? What documents should I prepare?
This is a more practical approach to pursuing a long-term immigration journey.
Conclusion
The approximately 11.3 million pending applications and petitions demonstrate the significant workload facing USCIS. However, EB-3 applicants should understand this figure in the proper context and should not interpret it as a specific waiting time for an individual case.
In an immigration system facing a substantial workload, preparing an accurate and complete case from the beginning, monitoring each stage, and staying informed about policy updates are becoming increasingly important.
TGA will continue to monitor updates related to USCIS, the Visa Bulletin, and the EB-3 program to provide clients with relevant information throughout their immigration process.
References: American Immigration Council; U.S. Citizenship and Immigration Services (USCIS).
