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Premium Processing H-1B Petitions will be Adjudicated

20:17 05 August in News Updates
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USCIS Confirms that Petitions filed via Premium Processing will be adjudicated beginning April 28, 2014.

As we noted in our April 10th 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.

On March 25th, USCIS announced that they would begin premium processing for H-1B cap cases no later than April 28th.  Today, USCIS issued a Press Release clarifying that beginning April 28, 2014, it will start adjudicating H-1B petitions subject to the fiscal year 2015 cap, including H-1B petitions filed for individuals who have earned a U.S. master’s degree or higher, that were filed via premium processing.  Thus, the 15-calendar day count for H-1B petition adjudication for cases filed via premium processing will not commence until April 28th even though receipt notices have been issued with a “receipt date” of April 10th when the lottery was conducted.

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, 2014.

Should you have any questions or concerns regarding the above, please do not hesitate to contact us.

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