US opens premium processing of H-1B

In good news for Indians with job offers in the US, the country’s citizenship and immigration services (USCIS) announced on Tuesday night the opening of premium processing for H-1B cap applications for the next fiscal year.

The first phase of premium processing for fiscal 2020 (year commencing October 1, 2019) will be open to cases that require a change of status. This will include international students currently holding F-1 student visas and working under an optional training programme (OPT), where the employer has sponsored them for H-1B work visas.

The second phase of premium processing for fiscal 2020 will include all other H-1B cap applications.

Filing of H-1B cap applications for fiscal 2020 commences next month from April 1. The earliest that a beneficiary (employee), allotted the work visa, can begin work is October 1.

Owing to the large number of applications for the annual H-1B quota of 85,000 (which includes a Masters cap of 20,000 reserved for those with a US degree); typically the quota is reached within the first few days of April.

USCIS then runs a random lottery to select the applications for further processing, which lately is taking up considerable time and leading to delays.

After this, the H-1B visa is either granted or the application is denied. In this backdrop, premium processing is a boon.

Against a filing fee of $1,410 per application paid by the sponsoring employer, USCIS commits to processing the application within 15 days.

Starting April 1, for H-1B cap applications relating to change of status, employers can concurrently file the request for premium processing.

A release by USCIS points out that the first phase of premium processing will commence later, but will definitely be available before May 20. Premium processing for all other fiscal 2020 capsubject H-1B petitions will not begin until at least June.

“Our two-phased approach to premium processing will make the process more effective and efficient for employers and USCIS,” L Francis Cissna, director, USCIS, has stated.

USCIS has also announced the launch of a data hub on its website, which will make public certain details of H-1B sponsoring employers and filings.


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