I 
117TH CONGRESS 
2D SESSION 
H. R. 9225 
To amend the Immigration Services and Infrastructure Improvements Act 
of 2000 to provide for additional rules regarding processing of immigra-
tion applications, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 25, 2022 
Mr. CA´RDENAS introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Immigration Services and Infrastructure Im-
provements Act of 2000 to provide for additional rules 
regarding processing of immigration applications, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Case Backlog and 
Transparency Act of 2022’’. 
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SEC. 2. PURPOSES. 
Section 202 of the Immigration Services and Infra-
structure Improvements Act of 2000 (8 U.S.C. 1571) is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Immigration and Natu-
ralization Service’’ and inserting ‘‘Department 
of Homeland Security’’; 
(B) by striking ‘‘current backlog’’ and in-
serting ‘‘backlog’’; and 
(C) by striking ‘‘within 1 year after enact-
ment of this Act’’; and 
(2) in paragraph (2), by striking ‘‘Immigration 
and Naturalization Service’’ and inserting ‘‘Depart-
ment of Homeland Security’’. 
SEC. 3. DEFINITIONS. 
Section 203 of such Act (8 U.S.C. 1572) is amended 
to read as follows: 
‘‘SEC. 203. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ACTIVE SUSPENSE.—The term ‘active sus-
pense’ means circumstances in which the Depart-
ment of Homeland Security cannot process an immi-
gration benefit application due to factors outside of 
the 
Department’s 
control, 
including 
any 
cir-
cumstance in which a visa number is unavailable, or 
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circumstances in which the Department is waiting 
for a response from the applicant or a third party 
(including another government agency). 
‘‘(2) BACKLOG; 
NET
BACKLOG.—The term 
‘backlog’ or ‘net backlog’ means the number of im-
migration benefit applications that are pending be-
fore the Department of Homeland Security outside 
of applicable processing time goals, minus those ap-
plications in an active suspense category. 
‘‘(3) GROSS BACKLOG.—The term ‘gross back-
log’ means the number of immigration benefit appli-
cations that are pending before the Department of 
Homeland Security outside of applicable processing 
time goals, irrespective of whether the applications 
are in an active suspense category. 
‘‘(4) IMMIGRATION
BENEFIT
APPLICATION.— 
The term ‘immigration benefit application’ means 
any application, petition, or request to confer, cer-
tify, change, adjust, or extend any status authorized 
under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) and any other application, peti-
tion, or request for an immigration benefit, made to 
U.S. Citizenship and Immigration Services. 
‘‘(5) PROCESSING TIME.—The term ‘processing 
time’ means the time elapsed between the date on 
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which an immigration benefit application is received 
by U.S. Citizenship and Immigration Services and 
the date on which U.S. Citizenship and Immigration 
Services approves or denies an immigration benefit 
application. 
‘‘(6) PROCESSING TIME GOAL.—The term ‘proc-
essing time goal’ means the goal for a processing 
time established by the Department of Homeland 
Security as an appropriate processing time for a 
type of immigration benefit application.’’. 
SEC. 4. IMMIGRATION SERVICES AND INFRASTRUCTURE 
IMPROVEMENTS ACCOUNT. 
Section 204 of such Act (8 U.S.C. 1573) is amend-
ed— 
(1) in subsection (a), by striking ‘‘Attorney 
General’’ each place such term appears and inserting 
‘‘Secretary of Homeland Security’’; 
(2) in subsection (a)(1), by striking ‘‘not later 
than one year after the date of enactment of this 
Act’’; 
(3) in subsection (a)(2), by striking ‘‘ensure 
that a backlog does not develop after such date’’ and 
inserting ‘‘prevent the recurrence of the backlog 
after its elimination’’; and 
(4) in subsection (b)(1)— 
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(A) by striking ‘‘Department of Justice’’ 
and inserting ‘‘Department of Homeland Secu-
rity’’; and 
(B) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’. 
SEC. 5. REPORTS TO CONGRESS. 
Section 205 of such Act (8 U.S.C. 1574) is amended 
to read as follows: 
‘‘SEC. 205. REPORTS TO CONGRESS. 
‘‘(a) QUARTERLY REPORT.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after each of the first three quarters of each fiscal 
year, the Secretary of Homeland Security shall pub-
lish on the Department’s website and submit to the 
Committees on the Judiciary, Appropriations, and 
Oversight and Reform of the House of Representa-
tives, and to the Committees on the Judiciary, Ap-
propriations, and Homeland Security and Govern-
mental Affairs of the Senate, a report concerning 
the backlog in immigration benefit applications as of 
the end of that fiscal quarter. 
‘‘(2) REPORT ELEMENTS.—The report required 
under paragraph (1) shall include, as available— 
‘‘(A) the number of applications pending 
for each type of immigration benefit applica-
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tion, the number of immigration benefit appli-
cations in active suspense, and the number of 
backlog applications for each type of immigra-
tion benefit application; 
‘‘(B) the median processing time for each 
type of immigration benefit application and any 
change in that time relative to the end of the 
prior quarter; 
‘‘(C) the number of pending Form I–730 
(or successor form) follow-to-join refugee or 
asylee immigration benefit applications and the 
number of pending Priority–3 refugee immigra-
tion benefit applications, the median length of 
time each application has been pending, and the 
number of applications that have been proc-
essed by the Department of Homeland Security; 
and 
‘‘(D) the number of refugee immigration 
benefit applications with respect to which the 
beneficiary has been interviewed by the Depart-
ment of Homeland Security and the number of 
such beneficiaries whose applications are pend-
ing final adjudication, including information on 
the processing stage at which such applications 
are pending. 
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‘‘(b) ANNUAL REPORT.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the end of each fiscal year the Secretary shall 
publish on the Department’s website and submit to 
the Committees on the Judiciary, Appropriations, 
and Oversight and Reform of the House of Rep-
resentatives, and to the Committees on the Judici-
ary, Appropriations, and Homeland Security and 
Governmental Affairs of the Senate, a report con-
cerning the status of— 
‘‘(A) the Immigration Services and Infra-
structure Improvements Account as of the end 
of the fiscal year, including any unobligated bal-
ances of appropriations in the Account; 
‘‘(B) the backlog in immigration benefit 
applications as of the end of the fiscal year; and 
‘‘(C) requests made through U.S. Citizen-
ship and Immigration Services customer service 
tools. 
‘‘(2) REPORT ELEMENTS.—The report required 
under paragraph (1) shall include, as available— 
‘‘(A) an analysis of factors contributing to 
the net and gross backlogs, including a detailed 
assessment of the impacts of Department of 
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Homeland Security policies on the net and 
gross backlogs; 
‘‘(B) a description of how U.S. Citizenship 
and Immigration Services quantitatively and 
qualitatively measures progress of backlog re-
duction measures; 
‘‘(C) a description of existing efforts to 
eliminate the net backlog and minimize the 
gross backlog; 
‘‘(D) a detailed plan to eliminate the net 
backlog, to prevent recurrence of the net back-
log after elimination, and to minimize the gross 
backlog; 
‘‘(E) a description of existing and planned 
quality controls for ensuring fair, accurate, and 
consistent adjudication of immigration benefit 
applications; 
‘‘(F) information on U.S. Citizenship and 
Immigration Services funding, including— 
‘‘(i) an assessment of how and to 
what extent funding, both from fee ac-
counts and appropriations, was allocated 
toward backlog elimination; 
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‘‘(ii) the identification of any transfers 
of funds between fee accounts and between 
Department components; 
‘‘(iii) a description of whether immi-
gration-related fees were used consistent 
with legal requirements regarding such 
use; and 
‘‘(iv) an estimate of the amount of ap-
propriated funds that would be necessary 
to eliminate the net backlog; 
‘‘(G) whether immigration-related ques-
tions conveyed by applicants, petitioners, bene-
ficiaries, or authorized representatives to the 
Department (whether conveyed in person, by 
telephone, or by means of the internet) were an-
swered effectively and efficiently; 
‘‘(H)(i) the information referenced under 
subsection (a)(2) as of the end of the fiscal 
year; 
‘‘(ii) a description of any changes to proc-
essing time goals made in the two years prior 
to the annual report and how those changes im-
pact calculations of the net and gross backlogs; 
‘‘(iii) processing time goals for each type of 
immigration benefit application and the per-
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‘‘(ii) the median processing time for 
naturalization applications; and 
‘‘(iii) the additional resources and 
process changes needed to eliminate the 
backlog for naturalization applications; and 
‘‘(J) a status report on all other types of 
immigration benefit applications, including— 
‘‘(i) applications for adjustments of 
status to that of an alien lawfully admitted 
for permanent residence; 
‘‘(ii) petitions for nonimmigrant visas 
under section 204(c) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)); 
‘‘(iii) petitions filed under section 204 
of the Immigration and Nationality Act (8 
U.S.C. 1154) to classify aliens as imme-
diate relatives or preference immigrants 
under section 203 of that Act (8 U.S.C. 
1153); 
‘‘(iv) applications for asylum under 
section 208 of the Immigration and Na-
tionality Act (8 U.S.C. 1158); 
‘‘(v) registrations for temporary pro-
tected status under section 244 of the Im-
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migration and Nationality Act (8 U.S.C. 
1254a); 
‘‘(vi) applications for humanitarian 
parole, disaggregated by individual filers 
and referrals from a Federal agency, under 
section 212(d)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)); 
‘‘(vii) applications for employment au-
thorization; 
‘‘(viii) the additional resources and 
process changes needed to eliminate the 
backlog for all types of immigration benefit 
applications described in this subpara-
graph; 
‘‘(ix) the number of Requests for Evi-
dence (RFE), Notices of Intent to Deny 
(NOID) or Notices of Intent to Revoke 
(NOIR) issued, disaggregated by the type 
of immigration benefit application with re-
spect to which they were issued; 
‘‘(x) the number of immigration ben-
efit applications, disaggregated by type of 
application, that received a RFE, NOID, 
or NOIR that were ultimately approved, 
denied, or abandoned by the applicant; and 
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‘‘(xi) the number of applicants for 
naturalization who applied to the United 
States district court for a hearing under 
section 336(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1447(b)); and 
‘‘(K) a status report on requests made 
through U.S. Citizenship and Immigration 
Services (USCIS) customer service tools, in-
cluding— 
‘‘(i) the number of calls to the USCIS 
customer service phone line, including the 
number of calls that were completed, 
dropped, and resulted in escalation to a su-
pervisor; 
‘‘(ii) the number of callbacks from 
USCIS that were unanswered by a stake-
holder inquiring on the status of an immi-
gration benefit application on behalf of an 
applicant; 
‘‘(iii) the median processing time for 
such requests; 
‘‘(iv) the number of requests for local 
USCIS office appointments disaggregated 
by the issue requiring resolution; and 
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‘‘(v) the number of requests received 
through customer service online tools. 
‘‘(c) BIENNIAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of enactment of this section, and every 
two years thereafter, the Comptroller General of the 
United States shall publish on its website and sub-
mit to the Committees on the Judiciary, Appropria-
tions, and Oversight and Reform of the House of 
Representatives, and to the Committees on the Judi-
ciary, Appropriations, and Homeland Security and 
Governmental Affairs of the Senate, a report con-
cerning the backlog in immigration benefit applica-
tions. 
‘‘(2) REPORT ELEMENTS.—The report required 
under paragraph (1) shall include, as available— 
‘‘(A) a description of the status of the net 
backlog, of the gross backlog, and of the overall 
number of pending immigration benefit applica-
tions; 
‘‘(B) an assessment of factors contributing 
to the net and gross backlogs, including an 
analysis of the impacts of Department of 
Homeland Security policies on the net and 
gross backlogs and an analysis of the Depart-
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ment’s formal processes for qualitatively and 
quantitatively assessing the impacts of its poli-
cies on the net and gross backlogs; 
‘‘(C) an assessment of existing and 
planned Department of Homeland Security ef-
forts to eliminate the net backlog, to prevent re-
currence of the net backlog after its elimi-
nation, and to minimize the gross backlog; 
‘‘(D) an assessment of existing and 
planned Department of Homeland Security ef-
forts to ensure fair, accurate, and consistent 
adjudication of immigration benefit applica-
tions; and 
‘‘(E) recommendations for more expedi-
tiously processing immigration benefit applica-
tions while ensuring fairness, accuracy, and 
consistency in processing.’’. 
SEC. 6. IMMIGRATION FUNCTIONS. 
(a) IN GENERAL.—Section 478 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 298) is amended to read 
as follows: 
‘‘SEC. 478. TIMELY PROVISION OF IMMIGRATION SERVICES. 
‘‘(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
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‘‘(1) the quality and efficiency of immigration 
services rendered by the Federal Government should 
be improved after the transfers made by this subtitle 
take effect; 
‘‘(2) the Secretary of Homeland Security should 
undertake efforts to guarantee that concerns regard-
ing the quality and efficiency of immigration services 
are addressed after such effective date; and 
‘‘(3) the Secretary of Homeland Security should 
not assign a processing time goal (as such term is 
defined in section 203 of the Immigration Services 
and Infrastructure Improvements Act of 2000 (8 
U.S.C. 1572)) that is longer than a maximum proc-
essing timeframe set forth in section 202 of the Im-
migration Services and Infrastructure Improvements 
Act of 2000 (8 U.S.C. 1571), except that the proc-
essing time goal for employment authorization docu-
ments should not be longer than 90 days. 
‘‘(b) CASE INQUIRY ESCALATION.—The Secretary 
shall make publicly available on the website of U.S. Citi-
zenship and Immigration Services the process by which 
a person with a pending immigration benefit application 
(as such term is defined in section 203 of the Immigration 
Services and Infrastructure Improvements Act of 2000 (8 
U.S.C. 1572)) may inquire about such application after 
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the processing time goal (as such term is defined in such 
section 203) or the median processing time for such type 
of immigration benefit application, whichever is sooner. 
The process developed pursuant to this subsection shall 
include— 
‘‘(1) a requirement that U.S. Citizenship and 
Immigration Services provides a substantive re-
sponse to each person who inquires about an immi-
gration benefit application pursuant to such process; 
and 
‘‘(2) an additional process for a person to esca-
late such an inquiry in the case that a substantive 
response described in paragraph (1) has not been 
provided.’’. 
(b) CLERICAL AMENDMENT.—Section 1(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 101 note) is 
amended in the table of contents by striking the item re-
lating to section 478 and inserting the following: 
‘‘Sec. 478. Timely provision of immigration services.’’. 
Æ 
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