USCIS Announces Date for Start of H-1B Cap Premium Processing

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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United States Citizenship and Immigration Services (USCIS) has announced that on May 12, 2016, it will begin the 15 calendar day processing timeline for cap-subject H-1B petitions requesting premium processing. USCIS provides an expedited “premium processing” service for certain employment-based petitions. For non-cap-subject petitions, including H-1B and other nonimmigrant visa classifications, the 15-day processing period typically begins on the date USCIS receives the request. However, for cap-subject H-1B petitions filed in April, USCIS has historically taken additional time to complete intake and computerized random selection of the petitions for further processing prior to starting the 15-day adjudication period.

This year, USCIS received 236,000 cap-subject H-1B petitions during the first 5 business days of April. All unselected cap-subject H-1B petitions, with filing fees, will be returned to petitioners via U.S. mail.

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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