Premium processing allows for expedited processing of certain USCIS petitions or applications. By paying a processing fee of $1225.00, a petitioner or applicant can assure that USCIS will make a decision on their petition or application within 15 days. (USCIS guarantees that it will either: (1) approve a case; (2) deny a case; or (3) issue a Request for Additional evidence.)
The suspension of premium processing will apply to all H-1B petitions filed on or after April 3, 2017. This year, USCIS will not begin processing H-1B petitions subject to the H-1B cap until April 3, 2017. Therefore, USCIS will not be allowing any premium processing for H-1B petitions subject to the 2018 cap. In addition, USCIS will not allow premium processing for any cap exempt H-1B petitions filed on or after April 3, 2017. Examples include: (1) transfer petitions; (2) petitions filed by institutions of higher education or entities affiliated with an institution of higher education; or (3) petitions filed by nonprofit or U.S. governmental research organizations.
USCIS will continue to accept requests for expediting H-1B petitions. In order to have an H-1B petition expedited, an employer will have to provide evidence to USCIS that the case should be expedited because of: (1) severe financial loss; (2) an emergency situation; (3) humanitarian reasons; (4) the request will further the cultural and social interests of the United States; (5) failure to expedite will cause a detriment to the United States Government; (6) USCIS error; or (7) it is in the interest of USCIS. While USCIS will continue to accept request for expediting H-1B petitions, it is important for employers and employees to understand that USCIS rarely grants these types of requests.
With the announcement that USCIS is suspending premium processing for H-1B petitions, all H-1B petitions will be processed using normal processing. Currently USCIS is significantly backlogged in adjudicating H-1B petitions. Currently, it is taking USCIS 8 months on average to adjudicate an H-1B petition filed with the USCIS Vermont Service Center, and five months to adjudicate a H-1B petition filed with the USCIS California Service Center.
Because of the current backlog in H-1B petitions, employers and employees need to take immediate steps. Cap-exempt employers who will need an H-1B employee within the next several months should immediately file their H-1B petition using premium processing before April 3, 2017. In addition, workers who currently have the ability to work with an employer (such as with OPT or a J-1 visa), and who are looking to obtain H-1B status with a cap exempt employer should take steps to renew their current status so that they may continue to work until their H-1B petition is processed.
If you are an employee or employer with questions about the H-1B process, please contact Hartzman Law Firm at dhartzman@hartzmanlawfirm.com, or (412) 495-9849.