![]() This could result in the petition being accepted and approved before the end of May. Premium processing does however guarantee that your petition will be reviewed within 15 calendar days of the date on the I-797 receipt notice which is sent to your attorney via email. Again, selection is purely by lottery chance. Beware of online forums, chat rooms or anecdotal ‘evidence’ of premium processing granting any favor above regular processing. It is important to note that premium processing does not give any advantage in the lottery or at approval. With premium processing, the employer pays an additional $1,225 for expedited handling, which can be requested with the initial H-1B petition. These regularly processed cases are typically completed in two to five months. Again, as it is a lottery, the concept is largely redundant as tens of thousands of applications are all accepted at the same time. With regular processing, H-1B petitions are processed on a first come, first served basis. The 85,000 visa lottery winning cases under the H-1B cap are processed through one of the two designated centers mentioned above either through regular processing or premium processing. ![]() Denied petitions are typically returned to the attorney or employer by early to mid-July. WAC is the California Service Center and EAC is for the Vermont Service Center. The receipt notice will also have a tracking number and one of two prefixes denoting the center that is responsible for the petition. Applicants may then visit the USCIS website for information on when the petition will be fully processed. Each year the lottery takes place in April and receipt notices are sent to the attorney and employer of winning cases via regular postal mail. Obviously as the number of petitions increase, these numbers will become more daunting. With this approach, the odds of being selected at random were approximately one in three for bachelor’s degree cap cases in fiscal year 2016. Once the “cap-subject” petitions are received by USCIS, a simple H-1B Visa lottery is employed in choosing which applications to accept and which to reject. You will also need to produce copies of degree certificates and transcripts, and your credentials must be certified by an evaluation service if your degree is from a non U.S. Some important hurdles include filing the Labor Condition Application with the Department of Labor and putting together a strong petitioner letter outlining the job duties of the specialty occupation. It is recommended to start well in advance to ensure that all H-1B requirements are met as the process can be tedious and time consuming. If you intend to apply for the 2018 fiscal year H-1B cap, petitions will be accepted from Apto April 7, 2017. H-1B petitions can be filed up to six months prior to this date, typically April 1st. government’s fiscal year begins on October 1st each year. To apply for the 2018 fiscal year H-1B cap, your top priority must be to have your employer file the petition within the acceptance timeframe. If you are in any of these “cap exempt” categories, you should check with a business immigration attorney to confirm your eligibility. These individuals are sponsored by educational establishments, certain non-profits, and also include current H-1B employees who may be extending their status or transferring to another employer. There are some fortunate individuals that are beneficiaries of a second category known as “cap exempt” filings. Together this gives a total of 85,000 “cap-subject” H-1B visas. There are 20,000 additional H-1B numbers, technically exemptions, available for holders of U.S. bachelor’s degree, or foreign equivalent, the cap is set at 65,000. With few exceptions, availability in this visa category is limited, and this is known as the “H-1B cap.” For individuals with a U.S. This article aims to explain the key issues involved in successfully navigating the H-1B petition process. With 236,000 applications for only 85,000 visas in 2016, the importance of timing and processing procedures cannot be overstated. Positions in engineering, math, business and many technology fields fall under this “specialty occupation” umbrella. The H-1B is a visa category generally reserved for individuals in “specialty occupations,” and normally requires a bachelor’s degree at minimum.
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