Sec. 3. Definitions
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Section 203 of such Act ( 8 U.S.C. 1572 ) is amended to read as follows: In this title: The term active suspense means circumstances in which the Department of Homeland Security cannot adjudicate an immigration benefit application due to factors outside of the Department’s control, including any circumstance in which a visa number is unavailable, or circumstances in which the government is waiting for a response from the applicant or a third government agency. The term backlog means the existence of a number of immigration benefit applications that are pending before the Department outside of applicable processing time goals, minus those applications in an active suspense category.
The Department cannot assign a processing time goal that is longer than a maximum processing timeframe set forth in section 202 of the American Competitiveness in the Twenty-first Century Act of 2000. Backlog may also be referred to as net backlog . The term case completion per hour rate refers to the average amount of adjudicative time, as measured in hours, required to complete processing of a particular category of immigration benefit application. The term gross backlog means the number of immigration benefit applications that are pending before the Department outside of applicable processing time goals, irrespective of whether the applications are in an active suspense category.
The term immigration benefit application means any application or petition to confer, certify, change, adjust, or extend any status authorized under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) and any other application or petition for an immigration benefit. The term processing time means the time from the filing of an immigration benefit application until the completed processing of that application. The term processing time goal means the the goal for a processing time established by the Department as an appropriate processing time for an immigration benefit application form type.
The Department cannot assign a processing time goal that is longer than a maximum processing timeframe set forth in section 202 of the American Competitiveness in the Twenty-first Century Act of 2000. .
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