The United States has implemented the H-1B non-immigrant work visa program since 1990. Currently, 65,000 regular visas and 20,000 visas for individuals with a master's degree or higher from a U.S. institution are allocated each year to facilitate employers in hiring skilled foreign labor. H-1B visa holders may work in the United States for three years, with the possibility of a one-time extension for a total of six years.
On Tuesday, March 20, USCIS announced that from April 2 to September 10, 2018, the premium processing for H-1B applications subject to the fiscal year 2019 visa cap will be suspended; however, regular H-1B applications will still be accepted during this period.
However, there are exceptions during the suspension of premium processing. USCIS emphasized that applicants may still submit requests for expedited H-1B processing if they meet at least one of the following criteria: significant financial loss to the company or individual; emergency situations; humanitarian reasons; non-profit organizations that promote cultural and social interests in the United States; situations related to national defense or national interest, etc.
The key points of the USCIS announcement on the 20th are as follows:
(1) Starting April 2, 2018, USCIS will accept H-1B applications for the fiscal year 2019 (from October 1, 2018, to September 30, 2019) that are subject to the visa cap, and will suspend all premium processing for applications related to the fiscal year 2019 cap, including applications for foreign workers with a master's degree or higher from the United States.
(2) The suspension of premium processing is expected to last until September 10, 2018.
(3) During this period, USCIS will still accept premium processing applications that are not subject to the cap.
(4) USCIS announced earlier in March that the cap for H-1B visas for fiscal year 2019 is 65,000 regular visas (bachelor's degree) and 20,000 special visas (for individuals with a master's degree or higher from the United States).
(5) Any changes or cancellations regarding the suspension of premium processing will be announced separately.
(6) During the suspension, USCIS will reject premium processing requests (Form I-907). Please note that if an applicant submits both Form I-907 and Form I-129 for H-1B along with a check, USCIS will return both forms.
(7) USCIS stated that during the suspension of premium processing, applicants may still submit requests for expedited processing.
USCIS indicated that suspending premium processing for new applications allows the agency to prioritize processing H-1B backlogs, such as H-1B extension cases that are nearing the 240-day deadline. (H-1B visa holders can continue to work legally in the United States for 240 days after submitting an extension application before the visa expires.)
To expedite obtaining an H-1B visa, U.S. employers can submit a premium processing request (Form I-907) along with the H-1B application and pay an additional processing fee of $1,225. If selected in the lottery, USCIS will complete the review within 15 calendar days. Without a premium processing request, it may take 3 to 6 months to obtain the H-1B visa.
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