Understanding the Suspension of H-1B Premium Processing: FAQs and Implications for Future Filings and Transfers

Overview of H-1B Suspension of Premium Processing

The U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended premium processing for H-1B visas in certain centers. This includes Vermont and California Service Centers. However, there are still some exceptions to this rule. This article will break down the nuances and implications of the suspension, particularly for existing H-1B holders and those looking to file for extensions or transfers.

Current Suspension of Premium Processing

According to the USCIS, premium processing for H-1B petitions is suspended with the following exceptions:

No premium processing for existing and new H-1B filings nationwide: Until further notice, premium processing will not be available for any H-1B petition, whether for a new application or an extension or transfer. Cap-exempt petitions still allowed: Cap-exempt petitions continue to be eligible for premium processing but can only be filed at the California Service Center. Same employer extensions: Employers can still request premium processing for extensions that involve the continuation of previously approved employment with the same employer and filed exclusively at the Nebraska Service Center.

Impact on H-1B Holders

For those who already have an H-1B visa with an approved I-140, the suspension will primarily affect their ability to file for extensions or transfers under the premium processing option. However, it's essential to note that regular processing times will still apply.

How to Proceed

Unless you fall under one of the exceptions mentioned above, it may be more prudent to file your H-1B extension or transfer under standard processing. Here are some steps you can take:

Check the USCIS website: Be informed about the latest updates and any changes in policy. The USCIS website is a reliable resource for current information. Contact your employer: Your employer can assist you in understanding the implications of the suspension for your specific situation. Consider alternative approaches: If you urgently need a processing boost, alternatives like priority processing (with an additional fee) or regular processing could be options. Be sure to factor in the longer processing times, though.

FAQs

Here are some frequently asked questions regarding the suspension of H-1B premium processing:

Q: Is the premium processing of an H-1B visa suspended only if a new H-1B visa is filed for FY 2019?

A: No, the suspension applies to all H-1B petitions, whether they are new applications or extensions or transfers, including those for FY 2019. Any petition involving an H-1B visa, whether it's a continuation of an existing visa or a brand new application, is subject to this suspension.

Q: Can a company file for an H-1B transfer for me under a premium processing option?

A: No, premium processing is not available for H-1B transfers. However, the transfer process can still be completed under regular processing times. For cap-exempt transfers or same employer extensions, premium processing remains an option, but they must be filed at the appropriate service center.

Q: Will the suspension end soon?

A: The suspension of premium processing is in place until further notice. This means that the status could change at any time, but it's not currently expected to revert to regular service. Companies and individuals should monitor the USCIS website for any updates.

Conclusion

The suspension of H-1B premium processing marks a significant shift in the application process. Companies and employees alike should be aware of the current status and take necessary steps to ensure timely processing of H-1B petitions. Consulting with an Immigration Attorney who specializes in H-1B visas, such as Irwin Citrin, can also provide valuable guidance and support.

Keyword Dictionary

Keyword 1: H-1B Visa - A non-immigrant visa for workers with special skills in the United States.

Keyword 2: Premium Processing - A paid service that expedites the processing of visa applications.

Keyword 3: USCIS - The U.S. Citizenship and Immigration Services, a government agency that handles immigration-related requests.