The Department of Justice (DOJ) recently proposed the "Appellate Efficiency Rule" for the Executive Office for Immigration Review (EOIR). This rule aims to streamline the appeals process before the Board of Immigration Appeals (BIA) to address the growing and historic immigration court backlog. The proposal includes procedural changes designed to expedite case reviews, manage docket sizes, and issue faster appellate decisions.
While employment-based visa holders (such as H-1B, L-1, or EB-1/2/3) generally process their cases through USCIS, this rule significantly impacts foreign nationals who fall out of status and find themselves in removal proceedings. This includes family-based immigrants defending their status, seeking waivers, or applying for Adjustment of Status defensively in immigration court. Faster processing at the BIA means that individuals appealing deportation orders or denied applications will see quicker resolutions, effectively reducing the time they can remain in the U.S. while an appeal is pending.
