Premium Processing for H-1B Visas Suspended

Whether you are involved in recruiting technology workers or not, you’ve most likely heard of the H-1B visa. These visas are a way for specially skilled foreign workers to attain employment at U.S. companies and work in the country for a period of three years, and in some cases longer. The total visas allotted is capped at 85,000 per year and other criteria apply for both the employee and employer. If you had to guess how many Maryland H-1B applications were processed for Maryland companies in one year what would that number be? Five thousand? Eight thousand? If you’re thinking above 10,000, then you’re correct. According to the United States Department of Labor Foreign Labor Certification the numbers for 2015 show that 10,780 H-1B applications were processed and the top three cities requesting the visas were Baltimore, Columbia, and Rockville. Visas were requested most often for Computer Systems Analysts, Computer Programmers, Software Developers (applications), Computer Occupations (all others), and Software Developers (systems software). For an average wage, if you’re interested of $79,727.65. For comparison, California had 112,277 applications processed while our neighbors in Virginia had 18,821 applications processed.

Now, if you are involved in the visa process, you probably know that there are changes coming to premium processing. According to ICE, starting on April 3, 2017 USCIS will temporarily suspend premium processing for all H-1B petitions which may last up to six months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service or a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification.

According to the ICE website:

Why the Suspension?

The temporary suspension will help them to reduce overall H-1B processing times. By temporarily suspending premium processing, they say they. “will “be able to process long-pending petitions which have currently been unable to process due to the high volume of incoming petitions and the significant surge in premium processing requests over the last few years. Additionally, they will look to prioritize adjudication of H-1B extension of status cases that are nearing the 240-day mark.

Who Is Affected

The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. Since FY18 cap-subject H-1B petitions cannot be filed before April 3, 2017, this suspension will apply to all petitions filed for the FY18 H-1B regular cap and master’s advanced degree cap exemption. The suspension also applies to petitions that may be cap-exempt.

Requesting Expedited Processing

While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet the criteria including:

• Severe financial loss to company or person
• Emergency situation
• Humanitarian reasons
• Nonprofit organization whose request furthers the cultural and social interests of the United States
• Department of Defense or national interest situation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.)
• USCIS error
• Compelling interest of USCIS

ICE says that they will notify the public before resuming premium processing for H-1B petitions, so check their website for updates – bit.ly/2mkUwQk.

Sources:

U.S. Citizenship and Immigration Services – bit.ly/2mkUwQk

United States Department of Labor, Office of Foreign Labor Certification – bit.ly/2lUgQnD