H1b visa processing time 2020

H1b visa processing time 2020 DEFAULT

usavisanow.com – Immigration Law Office

Premium Processing for the H1B Visa is a service provided by the Department of Homeland Security (USCIS) that offers 15 day processing time.

The process involves submitting a completed and signed USCIS form I-907 and paying  $1,410 payment to Department of Homeland Security.

Department of Homeland Security guarantees a 15 calendar day processing time or they will refund the $1,410 Premium Processing Service fee.

The 15 calendar day period will begin when USCIS receives the petition.

Click here to see a list of other USCIS petitions that allow premium processing.

USCIS will issue an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within the 15 calendar day period.

If the petition or application requires the submission of additional evidence or a response to a notice of intent to deny, a new 15 calendar day period will begin upon receipt by USCIS of a complete response to the request for evidence or notice of intent to deny.

Who can pay the $1,410 USCIS fee for Premium Processing fee for the H1B Visa?:

It depends who you ask. DOL says only the employer can pay the Premium Processing fee. USCIS says the beneficiary can pay the Premium Processing fee. Unfortunately this lack of clear guidance sometimes occurs in employment based immigration.

Our view is this: The safe harbor approach is for the Employer to pay the Premium Processing fee. However if  the beneficiary pays the Premium Processing fee for the H1B Visa and it does not reduce his/her effective wage below the prevailing wage indicated on the LCA it should be fine.

According theU.S. Department of Labor:

Fact Sheet #62H: What are the rules concerning deductions from an H-1B worker’s pay?

This fact sheet provides general information concerning illegal wage deductions under the H-1B program.

An H-1B worker, whether through payroll deduction or otherwise, can never be required to pay the following:

A penalty (as defined by state law) for the worker’s failure to complete the full employment period (INA § 212(n)(2)(C)(vi)(I));

  1. Any part of the statutory training and processing fee imposed by the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) (INA § 212(n)(2)(C)(vi)(II));
  2. Any part of the statutory $500 fraud protection and detection fee imposed by USCIS (INA § 214(c)(12)(A)); and/or
  3. Any deduction for the employer’s business expenses that would reduce an H-1B worker’s pay below the required wage rate (20 C.F.R. § 655.731(c)(9)), including:
  • Any expenses, including attorney fees, directly related to the filing of the Labor Condition Application (Form ETA 9035 and/or ETA 9035E) (20 C.F.R. § 655.731(c)(9)(ii));
  • Any expenses, including attorney fees and the premium processing fee (INA § 286(u)) directly related to the filing of the Petition for Nonimmigrant Worker (Form I-129/129W) (20 C.F.R. § 655.731(c)(9)(ii) and (iii)(C));
  • Tools and equipment (20 C.F.R. § 655.731(c)(9)(iii)(C)); and
  • Travel expenses while on employer’s business (20 C.F.R. § 655.731(c)(9)(ii) and (iii)(C)).

According to USCIS:

“The petitioner, attorney or representative, or beneficiary may pay the Premium Processing Service fee,…”

Related Links:
H1B Visa Cap / Quota
H-1B Visa Overview
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit

Sours: https://www.usavisanow.com/h-1b-visa/h1b-visa-resources/premium-processing-for-the-h1b-visa/

The Office of International Affairs

(Also Applicable to TN, H-1B1, and E-3 Cases) 

Overview

While we have occasionally seen somewhat more favorable processing times from USCIS, we are finding that adjudication of new petitions, including those for a change of status, are often taking 4-5 months on the part of USCIS, unless Premium Processing is requested. Of course, you are already aware of the internal processing time of 45 calendar days at OIA. What does that mean? Here are some examples: 

[Please note: The information below does NOT apply if we have incomplete information from the department or encounter difficulties in obtaining the beneficiary's documents in a timely manner. Any such delay that may jeopardize the time line of a petition will be communicated to the beneficiary and the department.] 

The following time-lines apply with STANDARD PROCESSING: 

Someone is coming from abroad to begin employment under H-1B:

OIA needs 6 weeks from receipt of your request to submission of the petition USCIS takes 4-5 months to adjudicate. Employee has to obtain visa and travel to U.S., that takes approximately one month (longer if a background check is initiated). 

That means: You should send us your request 7 1/2 months ahead of time. If you send it later, the start date you hoped for may not be met. 

Someone is already here in another status, for example J-1:

OIA needs 6 weeks from receipt of your request to submission of the petition USCIS takes 4-5 months to adjudicate. 

That means: You should send us your request 6 1/2 months before the current status expires. 

Someone is in the U.S. in H-1B status with another employer:

OIA needs 6 weeks from receipt of your request to submission of the petition USCIS will provide the Receipt Notice in approximately 3 weeks; once we have it the employee can start working at the University. 

That means: You should send us your request 9 weeks before the intended start date. 

Someone is in H-1B status with the University and requires an extension:

OIA needs 6 weeks from receipt of your request to submission of the petition. USCIS will provide the Receipt Notice in approximately 3 weeks; until we have it in hand the extension is not "safe". That means: You should send us your request 9 weeks before the intended start date. 

The following time-lines apply with PREMIUM PROCESSING:

Someone is coming from abroad to begin employment under H-1B:

OIA needs 6 weeks from receipt of your request to submission of the petition

USCIS takes 15 days to adjudicate plus mailing time for Approval Notice; a total of approximately 5 weeks. Employee has to obtain visa and travel to U.S., that takes approximately one month (longer if a background check is initiated). That means: You should send us your request 2 1/2 - 3 months ahead of time. If you send it later, the start date you hoped for may not be met. 

Someone is already here in another status, for example J-1:

OIA needs 6 weeks from receipt of your request to submission of the petition USCIS takes 15 days to adjudicate plus mailing time for Approval Notice; a total of approximately 5 weeks. 

That means: You should send us your request 2 1/2 - 3 months before the current status expires. 

Someone is in the U.S. in H-1B status with another employer:

The same timeline of 2 1/2 - 3 months applies. However, unless there are unusual circumstances such as urgent travel on the part of the beneficiary, Premium Processing should not be needed. As long as we have a Receipt Notice in hand, we can employ the individual for 240 days without an approval. 

Someone is in H-1B status with the University and requires an extension:

The same timeline of 2 1/2 - 3 months applies. However, unless there are unusual circumstances such as urgent travel on the part of the beneficiary, Premium Processing should not be needed (see May 2015 note below). As long as we have a Receipt Notice in hand, we can employ the individual for 240 days without an approval. 

May 20, 2015:  Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant.  USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

USCIS will refund the premium processing fee if:

  • A petitioner filed H-1B petitions prior to May 26, 2015, using the premium processing service, and 
  • USCIS did not act on the case within the 15-calendar-day period.

Premium processing remains available for all other Form I-129 H-1B petitions, including petitions subject to the H-1B cap that are requesting a change of nonimmigrant status or consular notification.

This temporary suspension will allow USCIS to implement the Employment Authorization for Certain H-4 Spouses final rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations.

Unsure when best to submit a case? Please don’t hesitate to contact us at (773) 702-7752 or [email protected] 

Sours: https://internationalaffairs.uchicago.edu/page/processing-times-h-1b-petitions
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H-1B Processing Time

There are two separate government agencies involved in H-1B visa sponsorship: the U.S. Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS). It is rare that an H-1B is approved in less than 4 months using the expedited Premium Processing. The processing time includes Yale preparation (host department, H-1B beneficiary, OISS), DOL and USCIS. The DOL process must be completed prior to submitting the H-1B petition to USCIS, but may not start more than 6 months prior to the requested H-1B start date. The only step that can be expedited is the last phase either at or after the H-1B petition is submitted to USCIS.

One needs 3 to 4 moths to prepare H-1B documents plus 6- 10 months for regular processing or 15-30 days for premium processing

Please note that processing times can be longer should a petition receive a Request For Evidence (RFE). Furthermore, all USCIS processing times can change without notice.


Additional Considerations

  • Premium Processing: Premium Processing, at an additional $2500 USCIS fee, will expedite the USCIS phase while this service a is available.
  • While the Department of Labor will not allow H-1B processing to begin earlier than six months prior to the start date, OISS recommends submitting all materials to OISS at least seven months in advance to be officially part of the OISS processing queue. OISS advisers prioritize all H-1B requests in order of the beneficiaries' current status end dates and the dates of their request submission to meet timely petition submission deadlines.
  • Yale employee H-1B extensions: It is not always necessary to use Premium Processing for extensions, since in most cases the employee can continue to work while the application is pending. Remember that preparation time can still take about 3-4 months even with an extension.
  • H-1B inside the U.S. with another employer: It is not always necessary to use Premium Processing for a change of employer, since in many cases the employee can continue to work while the new Yale application is pending. However there are specific conditions that must be met. The process is called Portability (Changing Employers).
Sours: https://oiss.yale.edu/immigration/h-1b-temporary-worker/department-overview/h-1b-processing-time
What is happening with Visa Processing Times?

Check Case Processing Times

You may be a member of the class action,

Rosario v. USCIS

, Case No. C15-0813JLR, if USCIS does not adjudicate within 30 days your initial (first) Form I-765,

Application for Employment Authorization

, based on your pending asylum application, AND:
  • You are a member of either CASA de Maryland (CASA) or the Asylum Seeker Advocacy Project (ASAP) and are entitled to limited relief under the injunction in

    CASA de Maryland Inc. et al. v. Chad Wolf et al.

    ; or
  • You filed your Form I-765 before Aug. 21, 2020, and it has not yet been adjudicated.
Please see the www.uscis.gov/rosariowebpage for further information about the

Rosario

class action and how to investigate the status of your employment authorization application.
USCIS has updated the method for determining I-765 processing times to provide more precise information to the public. As part of this update, we are providing processing times for additional I-765 sub-types. For more information about this updated method, please visit the

Case Processing Times

page.
Sours: https://egov.uscis.gov/processing-times/

Processing h1b 2020 visa time

H1B Visa processing by USCIS can vary a lot depending on the service center you filed with and the processing type you have chosen. If you are applying for H1B petition with USCIS for the first time or even for transfers, you may be wondering on the processing times, delays, what is typical processing time, if there is SLA, many such questions. In this article, we will review all those details and also cover common FAQs as well.

If you are new to H1B Visa process, you can read the below articles to get an idea of the general process, meaning of USCIS and H1B Statuses

H1B Processing Time – Types

H1B Visa Processing time with USCIS varies based on the type of processing that the employer or sponsor chooses when they file the H1B petition. There are two types of processing – 1. regular processing and 2. premium processing. An employer can choose to file in one of these processing types when they file any of the following with USCIS.

  • New H1B cap subject petitions
  • H1B transfer petitions
  • H1B amendments
  • H1B Extensions.

Sometimes, USCIS also suspends premium processing during the start of the H1B season in April to handle the high volume and they open the same in phases. Now, let’s look at each of the processing types in detail

H1B Regular Processing Time

If an employer or sponsor files an H1B petition with USCIS using standard process and does not include an extra fee for faster processing, then the petition is said to be filed in Regular Processing.

H1B Regular Processing Documents, Fee

In general, an employer would submit USCIS Form I-129 along with relevant H1B Filing Fee, and supporting documents as listed in H1B Filing Checklist by USCIS. There is no filing of Form I-907 or additional premium processing fee, when you file in regular processing.

How long does USCIS take for H1B Regular processing ?

There is no fixed time or SLA ( service level agreement) time defined by USCIS for H1B Regular processing. It depends on the filing location and the load at the USCIS processing center. Also, every case in unique and there can be different processing times for different cases.

Based on USCIS historical processing times, from the last 5 years (FY 2017 to FY 2021), it can take anywhere from 3 to 5 months for H1B petition filed in Regular processing using form I-129. See the below screenshot from the USCIS website. In some cases, it can take beyond 6 months as well due to RFE and other delays related to the H1B Case. Also, in some cases, you may get a decision even faster in 2 months or less as well, if the case has no complications. To check current processing times by service center, you can check the article  Check USCIS H1B Visa Processing times

H1B Premium Processing Time

If an employer or sponsor pays an extra premium processing fee to USCIS in order to have the H1B petition adjudicated (decision) within 15 calendar days, then that petition is said to be filed in H1B premium processing.

H1B Premium Processing Documents, Fee

To file a H1B petition in premium processing, employer or sponsor need to file Form I-907 along with premium processing fee of $2,500 when they file H1B petition using Form I-129. The premium processing fee is in additional to the general H1B filing fee. An employer can file for premium processing at the time of filing or upgrade to premium processing after filing and getting the receipt notice.

How long does USCIS take for H1B Premium processing ?

USCIS takes 15 calendar days or less to adjudicate a H1B petition filed in premium processing. They have 15 days SLA (service level agreement) and guarantee that any H1B petition filed in premium processing will be adjudicated in 15 calendar days or less.

If they do not meet the 15 days timeline, they will refund the premium processing fee and continue to process the H1B in expedited processing. This happens, when there is extensive load and USCIS cannot meet their SLA. It does not happen often, but happens once in a while during start of H1B season.

H1B Extension Processing Time

The processing time for H1B Extension petition depends on how it was filed. If it was filed under regular processing or premium processing. If it was filed under Premium processing time, then you can expect to have a decision within 15 calendar days. The fee and SLA is similar to general new H1B petition. Unlike, if it was filed in Regular Processing, the processing time can vary based on where it was filed and the processing times at the service center.

In general, the H1B extension processing can be slightly faster for regular processing, if there are not many changes in the employment terms and role of the H1B employee. This is due to the fact that USCIS can give some weightage or deference to the previous first H1B approval and use that for extension.

H1B Transfer Processing Time

Similar to H1B extension filings, for H1B Transfer as well, the processing time varies based on what type of processing you choose. If you file in Premium Processing, you would get decision within 15 calendar days, but if you file in Regular processing, it can vary based on where it was filed and the case. It can vary anywhere from 3 to 6 months or more.

Typically, the H1B transfer petition is filed with a new employer and there is no previous approval history. So, it would be looked most of the times like a new petition and it can take more time than H1B extension petition processing time.

Should you apply for Premium H1B Visa Processing ?

It totally depends on your situation. In recent years, many employers try to file H1B in premium processing because they would know the decision faster and can plan accordingly based on that to have the employee work from October 1st. Having said that, unless there is a need, you do not need to apply for premium processing. Think of it logically, you cannot work until October 1st…why waste money ?

Also, in the most recent years, premium processing is suspended for cap subject petitions to decrease overall processing times of all petitions. But, unlike new cap subject petition, for H1B Transfer scenarios, employers usually apply for premium because of two reasons, first they can work right away and need not wait till October 1st and secondly they are changing between companies, you do not want to be stuck with old employer during this time. You can consider doing premium, when you are at the beginning of August or early September.

Applied for H1B Petition in April , Still USCIS status says “Case Received ”, What should I do ?

Well, unfortunately, there is nothing you can do but wait for USCIS to process your application. As I said above, it can take anywhere from 2 to 6 months or more. All you can do is wait. Do NOT panic that you are not getting any response from USCIS. As long as your application was filed properly and the company is good, you should get approval.

Here are few things  you can do:

  • If you are really curious, you may apply for H1B visa premium processing anytime for general petitions by paying  $2,500 and upgrade your case. Your employer has to do the premium processing through the attorney. You cannot do it on your own.
  • You can ask your attorney to call USCIS and ask the status. In the past, one of our blog readers said, they had success and their application decision was done in a week after calling. Although, there is no guarantee. Worth a shot.
  • You can check the particular service center where your petition was filed and get approximate processing times to get an idea. You can do this on USCIS website it is under bottom where you check your case status.
  • Just wait. I understand the anxiety…but there is no shortcut.

H1B Visa FY 2022 Processing timelines – Regular vs Premium ?

In general, USCIS suspends premium processing at the beginning of the fiscal year. As of now, USCIS has not released any details related to H1B FY 2022 Season. Stay tuned for updates.

H1B Visa Tracker

You can check out the average H1B Visa processing times using VisaGrader’s H1B Visa Tracker All the data on our tracker page is contributed by users like you. Please add your H1B  case by registering and continue to update your status. It will help others get an idea.

Register at VisaGrader – H1B Visa Tracker

Hopefully, this clarifies most of the commonly asked questions about H1B processing. If you see anyone ask a question on the blog, please point them to this article.

Current H1B Processing times, History

You can check USCIS.gov for Processing times or on a website like VisaGrader.com for the same. The big difference is, VisaGrader has historical data and gives you a holistic view of the processing times across all the Service Centers as in the below screenshot. So, you can check Current H1B Visa Processing Times on VisaGrader.com

Common FAQs

Does USCIS have any turnaround time/ SLA for H1B regular processing ?

Unfortunately, there is no defined turnaround time/ SLA ( service level agreement) requirement for USCIS to respond to H1B petitions filed with them under regular processing. The 15 calendar days SLA only applies to petitions filed under premium processing.

Any higher approval chances in H1B Premium processing ?

No, applying for H1B premium processing will not increase your chances for getting H1B petition approved.  It just expedites the processing time. So, do not be mislead by the fact that $2,500 will increase chances of approval. Read 5 H1B Visa Myths you need to know

How long does H1B transfer take ? Any difference in processing time ?

In fact, there is no difference between a regular H1B petition and transfer except the transfers are not considered towards cap. So, the processing times are pretty much similar. It can take anywhere from 3 to 6 months based on historical processing times by USCIS in last 5. years. You can read How to check H1B visa processing times at USCIS Service centers

How much was your H1B Visa filing processing time ? Any thoughts to share on the processing time waiting ?

Categories H1B Visa

   


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Sours: https://redbus2us.com/how-long-does-h1b-visa-processing-take-petition-premium-vs-regular/
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