The U.S. Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend Premium Processing for all H-1B visa petitions filed on or after April 3, 2017. Premium Processing guarantees adjudication in 15 calendar days. This includes H-1B petitions subject to the fiscal year cap (regular and master’s degree caps), as well as H-1B extensions, amended petitions, change of employer petitions, and those that are cap-exempt. This temporary suspension of Premium Processing may last up to 6 months.
The U.S. H-1B visa is a non-immigrant visa that allows U.S. companies to employ graduate-level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. Applying for a non-immigrant visa is generally quicker than applying for a U.S. Green Card, therefore the H-1B visa is popular for companies wishing to bring in staff for long-term assignment in the U.S., according to workpermit.com.
The USCIS will continue to consider requests to expedite certain petitions based on specified criteria set by the USCIS, such as severe financial loss to the company or emergency situations. The current processing time for H-1B petitions varies depending on the basis of the petition and where the petition was filed, ranging from four months (H-1B extensions filed in Nebraska) to up to a full year (H-1B extensions filed in Vermont). If the H-1B beneficiary has a need to travel abroad, or requires approval of the petition prior to having work authorization, a request for premium processing may need to be filed prior to April 3 to ensure that the petition is approved in time.
When they resume Premium Processing the USCIS will make another announcement. Note that the suspension of Premium Processing only applies to the H-1B category, and does not apply to other categories eligible for Premium Processing.
For any of your business visa questions or needs in the U.S. or in any of our global locations, contact your Ally Law member firm for guidance and processing. For more information about Ally Law member firm services and outstanding lawyers, contact us at team@ally-law.com.
Click here for the original article by Ally Law member Vorys, Sater, Seymour and Pease LLP.
