H1B Visa Premium Processing is Suspended for 6 Months
H1B Visa Premium Processing is suspended for as much as 6 months by means of USCIS beginning April three, 2017. Let me spotlight the next:
Only Premium Processing for H1B Visa is suspended. This is no longer the suspension of H1B Visa program.
1. What is Premium Processing?
By paying further $1225 charge, H1B Visa candidates can request processing of petitions inside 15 days of software. With top rate processing, candidates can know if their petition is licensed or denied or further question is required inside 15 days from the day USCIS receives the applying.
2. How lengthy does Regular Processing Take?
Regular processing of H1B Visa can take upto 10 month as in keeping with Processing Time posted in for USCIS Service facilities.
three. Why USCIS Suspending Premium Processing?
Here number one causes for postponing Premium Processing as reported by means of USCIS.
- Process long-pending petitions, which we now have lately been not able to procedure because of the top quantity of incoming petitions and the numerous surge in top rate processing requests over the last few years; and
- Prioritize adjudication of H-1B extension of standing circumstances which might be nearing the 240 day mark.
four. How is this going to affect upcoming H1B Visa 2018 packages?
Employers and their Immigration lawyer’s are going to use for H1B Visa as they’d follow earlier years, however with out Premium Processing request.
Now, you understand the basis, let transfer on for detailed research.
Let me resolution the affect if H1B Visa Premium Processing suspension for following scenarios
- H1B Visa Extension
- H1b Visa Transfer to New Employer
- First Time H1B Visa Applicants
- OPT-Cap Gap
Before I will get into explicit eventualities, I’ve to provide the background, as some readers are would possibly not perceive the location surrounding this H1B Visa Premium Processing Suspension.
Current H1B Visa Processing Time
H1B Visa Processing time as of Mar 2017
Current H1B Processing Times at California Service Center
- H1B Visa Extension – eight Months (July 2, 3016)
- Change of Status – eight Months
- Applicants from Outside USA – eight months
Current H1B Processing Times at Vermont Service Center
- H1B Visa Extension – 03/07/2016
- Change of Status – 04/11/2016
- Applicants from Outside USA – 04/11/2016
H1B Visa Processing time as of Jan 2017
Current Processing Times at California Service Center
- H1B Visa Extension – 805/16/2016
- Change of Status -05/16/2016
- Applicants from Outside USA -05/16/2016
Current Processing Times at Vermont Service Center
- H1B Visa Extension – 12/07/2015 << Over 1 Year
- Change of Status – 04/11/2016
- Applicants from Outside USA -04/11/2016
H1B Visa Premium Processing Suspended
There used to be a court docket ruling (June 2015) that required new H1B modification to modify in process location. Previously to that ruling, most effective new LCA used to be required. After the ruling, LCA, together with the H1B Visa modification used to be required.
Now, take into consideration a contractor, who strikes to the brand new mission at new consumer. The employer has to document LCA and H1B modification for new location. That will have brought about a dramatic build up in USCIS Service middle workload.
- More workload = Delays in Processing Time
Due to the long processing time for H1B Visa Extension and New packages, employer’s had been compelled to improve to Premium Processing, so worker can proceed to paintings or get started running on H1B.
Wait a minute? Why would somebody must improve to Premium? Can’t somebody with pending H1B Visa extension software proceed to paintings? The resolution is Yes and No.
Take this situation:
John’s three years H1B visa is about to run out in April. So, the employer applies for H1B Visa extension to get three extra years of Approval within the month of March by means of Regular Processing. As in keeping with USCIS pointers, the worker can proceed to paintings for as much as 240 days whilst software is pending.
Now, have a look at the processing time posted above, for Jan, 2017 – H1B Visa processing time for Extension in VSC is over 12 months.
An worker can paintings for eight months whilst H1B Visa extension software is pending, however they may be able to’t paintings past eight months. So, the one means for an worker to proceed to paintings is by means of upgrading to Premium Processing to get H1B Visa approval prior to the 240 days prohibit.
In FY 2016 about 569,000 LCA used to be qualified. Which manner, USCIS would have processed with reference to the similar selection of H1B packages.
Those who wish to proceed to paintings past 240 days had been upgrading to Premium Processing. Pretty a lot all H1B Extension software could be upgraded to Premium Processing (my assumption).
Can you believe the workload for USCIS to procedure the H1B Visa in Premium Processing?
By, postponing Premium Processing for packages H1B Visa Applications, they may be able to transparent the pending backlogs.
Impact of H1B Visa Premium Processing Suspension?
Let’s have a look at few eventualities the place this newest information from USCIS would have an affect.
- H1B Visa Transfer Application – Minimal
- Drivers License Renewal – Medium to High
- OPT Cap Gap – Medium
- H1B Visa Extension – Medium
- Change of Status to H1B shape F1 (with Travel Plans) – Could be Expensive.
- H4 EAD Application with H1B Extension
H1B Visa Transfer
Here’s a query from Sam about H1B Visa Transfer and suspension of H1B Visa Premium Processing:
I’m making plans to use for H1B Transfer. Now, if I follow H1B switch after third April. I will paintings with new employer with affirmation receipt prior to approval. What if I were given rejection in H1B switch later? What are H1B switch rejection fee? I’ve US training stage. As smartly, each my employers (present and long run) are most sensible corporations (has excellent popularity).
In my case, Do you assume going for commonplace processing will probably be excellent sufficient or it’s at all times higher to move for top rate processing in case of H1B Transfer.
Yes, you’ll paintings for new employer proper after making use of for H1B Visa switch. But, with out Premium processing, we don’t understand how lengthy it might take for USCIS to approve the petition. But, they stated, they’ll prioritize the adjudication of H1B software nearing 240 days. If your new employer has questionable historical past, then rethink H1B Visa switch.
You must talk about this selection with an lawyer to determine what are the possibilities of RFE or Rejection. Then make a transfer. You don’t have the luxurious of adjusting after H1B is licensed for 6 months or so.
Impact on OPT Cap Gap
My choose extension is finishing 15th May. I might have fallen beneath choose cap hole and persisted running until Sept finish on Opt and began H1 from 1st Oct if my h1 would had been picked after doing top rate submitting. Now that there’s no top rate what are my choices ?
If your OPT or STEM OPT is going to run out between April and September, and when you’ve got implemented for H1B in well timed way, then Cap-Gap provision would come into impact mechanically, however you might be required to tell your DSO and get new Cap-Gap I-2o
And you’ll proceed to paintings till Sep 30. After Sep 30, you would need to forestall running, however stay in the United States in keeping with pending H1B Visa software. Once H1B is licensed, then you’ll proceed to paintings. If your H1B software is denied or withdrawn, then you could have 60 days grace length. Refer to this information for further OPT Cap Gap Details.
Now, H1B Visa top rate processing is beneath suspension (from Apr three, 2017), it’s important to wait for H1B approval past Oct 1, 2017. But, USCIS said the next within the press liberate:
So, I’m guessing, from April to August, USCIS would attempt to transparent the present backlogs of H1B Visa petitions. Then center of attention on processing and approving and approving H1B Visa 2018 petitions.
But, on account of H1B Visa Premium Procession suspension for upto 6 months, you’ll nonetheless proceed to use for H1B Visa. Only issues is that H1B Visa Approval consequence will probably be behind schedule.
Keep them coming within the feedback phase under.