FY 2016 H-1B Cap Lottery Selection Completed, Premium Processing Timeline Begins April 27, 2015

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of the random selection “lottery” process for approximately 233,000 H-1B cases filed between April 1 and April 7, 2015.

For petitions filed with a request for USCIS “premium processing,” whereby USCIS adjudicates the petition within 15 calendar days in exchange for an optional government fee of $1,225, USCIS typically sends a courtesy email receipt to the attorney of record in advance of the official Form I-797 receipt notice that is sent by U.S. mail. USCIS will start the 15-calendar day processing clock on April 27, 2015.

Cases filed using regular processing will be issued hard copy receipt notices (Form I-797) only. Cases that were not selected in the lottery process will not receive a receipt notice, and eventually the petitions will be returned to the attorney of record, along with the government filing fees. This process generally takes up to several months to complete.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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