A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Tuesday, March 25, 2014

Premium Processing for H1B CAP cases to begin by April 28, 2014

USCIS will accept H-1B petitions for FY 2015 on April 1, but premium processing services for cap-subject cases will not begin until about April 28, 2015, according to the agency's announcement today.

As usual, USCIS will begin accepting H-1B petitions subject to the annual cap on April 1, 2014. Cases will be considered accepted on the date that the agency receives a complete application with the correct fee.  In other words, the receipt date could be different from the post-mark date or delivery date.

For FY 2015, the annual H-1B cap remains at 65,000.  An additional 20,000 visa numbers are available for individuals with a U.S. advanced degree (master's or higher).  USCIS expects that both caps will be reached by April 7, and is prepared to employ a random selection process (lottery) to select the cases for further processing.

Due to the expected high volume of cases, the agency anticipates that additional time will be needed to process all the cases before formal adjudication can begin. Consequently, USCIS expects to start the 15-day premium processing clock on about April 28, 2014.

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