USCIS Adjudication of Certain Premium Processing FY-2014 Cap-Subject H-1B Petitions To Be Delayed

The filing period for H-1B Petitions subject to the H-1B Cap for the fiscal year beginning October 1, 2013 (FY-2014), will begin on April 1, 2013.  However, the USCIS has announced that Premium Processing adjudications for these types of cases will not begin immediately.  For H-1B petitions subject to the FY-2014 Cap with a Premium Processing request filed between April 1 and April 14, 2013, the 15-day Premium Processing “clock” will not commence until April 15, 2013.  Employers are still encouraged to file H-1B Cap-subject Petitions as early as possible.

Premium Processing is a USCIS service available for certain employment-based petitions and applications wherein a petitioner or applicant may request the USCIS to take action on the eligible case within 15 days after the date the request has been received by the USCIS.  The current fee for Premium Processing is $1,225, in addition to the regular filing fees for the eligible case.  Action on a case may refer to:

1. Issuance of an approval notice
2. Issuance of a request for evidence
3. Issuance of a notice of intent to deny
4. Referral for investigation of suspected fraud or misrepresentation

If the USCIS does not take such action within 15 days, the USCIS will issue a refund of the Premium Processing fee.

Minsky, McCormick & Hallagan, P.C., has over three decades of experience handling H-1B cases.  If your organization is interested in employing a foreign national in a professional position, please do not hesitate to contact our office.