H-1B Cap Update: Premium Processing Cases

18:48 14 April in News Updates

USCIS Confirms that Petitions filed via Premium Processing will be adjudicated beginning April 27, 2015.

As we noted in our April 13th Update, U.S. Citizenship and Immigration Services (USCIS) is in the process of sending Receipt Notices for H-1B petitions selected in the H-1B cap lottery filed via regular and premium processing. We are forwarding these Receipt Notices to clients as we receive them from USCIS.

Previously on March 12th, USCIS announced that they would begin premium processing for H-1B cap cases no later than May 11, 2015. Today, USCIS issued a Press Release clarifying that beginning April 27, 2015, it will start adjudicating H-1B petitions subject to the fiscal year 2016 cap that were filed via premium processing. Thus, the 15-calendar day count for H-1B petition adjudication for cases filed via premium processing will commence on April 27th even though receipt notices may be issued with an earlier “receipt date.” Lastly, please note that premium processing only speeds the final adjudication at USCIS. Premium processing does NOT increase the chances of an H-1B petition being selected under the quota. Further, premium processing does not advance the start date of employment; by regulation that is fixed at October 1, 2015.

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