H1B – CSS IMMIGRATION FORUM

USCIS announced today that it is implementing a new strategy to decrease differences in processing times based on location for Form N-400, Application for Naturalization, and Form I-485, Application to Register Permanent Residence or Adjust Status.

Since the end of 2015, there has been an increase in processing times due to higher than expected volumes received during fiscal years (FY) 2016 and 2017 that did not decrease as originally projected. FY 2017 receipts were up 15.6% from FY 2016, and FY 2016 receipts were up 25.5% from FY 2015. The increased filing volumes did not affect all field offices equally, which resulted in some disparity in the processing times among field offices.

USCIS will begin shifting caseloads between field offices to decrease processing times. This may result in applicants being scheduled to appear for an interview at a field office outside of their normal jurisdiction. Applicants may receive an interview appointment notice or other types of notices (such as a Request for Evidence) from a field office outside of their normal jurisdiction. However, these caseload changes will not affect where applicants attend their biometrics appointments. Biometrics will still be done at the nearest application support center.

A plan to reduce processing times for N-400s and I-485s is welcome news as many applicants remain waiting for close to two years in some locations.

On June 10, USCIS will begin premium processing for all remaining FY 2020 H-1B cap-subject petitions. Starting on that date, the sponsoring employer may file Form I-907 with the USCIS service center that is processing the petition in order to upgrade.

On March 19, USCIS had previously announced that it would offer premium processing in a two-phased approach during the FY 2020 cap season to best manage premium processing requests without fully suspending it. In the past few years, USCIS had suspended all premium processing for H-1B petitions due to high demand. Based on feedback from the public, USCIS allowed this phased approach to benefit petitioners and ensure efficient premium processing. The first phase, which started on May 20, included FY 2020 cap-subject H-1B petitions requesting a change of status, and the second phase beginning on June 10th includes all other FY 2020 cap-subject petitions.

Once the I-907 is received by USCIS, the 15-day clock begins. USCIS should either approve the petition or issue a Request for Evidence within 15 days (RFE). If an RFE is issued, the 15-day clock begins again once USCIS receives the response to the RFE. When upgrading, the receipt number remains the same. The employer or attorney should receive an email notification within a few days of USCIS receiving the upgrade. A paper receipt follows in the mail about a week later. Keep in mind that receiving an early approval does not mean that the H-1B will have an earlier start date. The approved petition will still not become valid until October 1, 2019. The benefit of premium processing is that the H-1B beneficiary can schedule the visa interview at the U.S. consulate and allow sufficient time to receive the visa stamp in the passport in order to enter the U.S. on October 1st to begin employment in H-1B status.

There is a common misconception that premium processing causes RFEs and denials. I have not found this to be the case and recommend my clients to file in premium processing whenever possible.

This is welcome news for businesses and high-skilled workers who would otherwise expect delays in being able to begin H-1B employment on October 1, 2019.

Tag Archives: H1B

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