To catch up on a backlog of pending petitions, immigration law authorities suspended premium processing for most H-1B visa applications. As of March 12, USCIS has resumed this critical service, which offers a guaranteed response time for qualifying petitions. While new applications are not yet being accepted, those who have already submitted petitions can also pay to expedite the process.
Premium Processing Available for H-1B Petitions
What Is Premium Processing?
Applicants for certain types of employment-based visas may request premium processing, which guarantees a response within calendar days. Within that period, USCIS will decide whether to approve your petition, request further documentation, or open a fraud investigation. If they fail to do so, your processing fee will be refunded while USCIS continues with the expedited service.
How to Apply for Premium Processing
If you have already submitted an H-1B petition, you may request premium processing by sending Form I-109 and the required fee to the appropriate processing facilities. Those who received requests for evidence (RFE) should also submit the documents along with their request packet.
What to Do if You Received a Transfer Notice
In some cases, USCIS will transfer processing of some applications from one facility to another. If you received notice that your petition was transferred, your request for premium processing should be sent to the location which is currently processing your petition. Your immigration law attorney will be able to help determine where you should send your forms and processing fee.
Will Premium Processing Be Available for New Petitions?
In the past, USCIS has suspended premium processing for petitions subject to the annual cap, while allowing expedited processing for cap-exempt applicants. The filing window for FY2020 cap-subject petitions has not yet opened, so there is still time to consult with your immigration law attorney before finalizing your application.
The US immigration system is notoriously complex and constantly changing, which is why you need legal advice based on in-depth experience and a detailed understanding of the law. As one of New York City’s premier immigration law firms, Berd & Klauss, PLLC work with clients from across the world, offering effective guidance and reliable results. Visit their website for more on their wide range of services, follow their Twitter for regular immigration law updates, or call (212) 461-7152 to arrange a consultation with an accomplished NYC immigration lawyer today.