According to Business Immigration Attorneys, an announcement on the premium processing by the United States Citizenship and Immigration Services (USCIS), just before the deadline of H-1B visas filing on April 1 (less than 2 weeks), has created an uproar.
The greatest impact of this will be felt by the international students who want to obtain an H-1B visa in order to work in the country.
USCIS announced the premium processing current procedure on 19 March 2019. According to the Service, from 1st April, H-1B visa applicants under FY 2020 cap-subject, who request changing their status on form I-129 (Petition for a Nonimmigrant Worker) may ask premium processing by filling Form I-907(Request for Premium Processing Services) concurrently.
It also stated that the processing will not occur till 20 May 2019, which the public will be notified of.
With premium processing, an application will be completed within fifteen days with $1,410 as Surcharge. But, with the premium processing, it would take ten to thirteen months for decisions to be gotten from USCIS concerning H-1B cases.
Chaos and Problems
This newly announced set of processing has caused an uproar among business clients in various law offices.
According to William Stock of Klasko Immigration Law Partners ILP, the processing is for some H-1B visas cases not all, but a lot of cases which have already been sorted and finalized will need to be redone again with new forms attached.
It is ironic that the individuals who will benefit from the procedures will feel the most impact.
Stock said that those who will gain from the petitions of H-1B, especially the University graduates in the United States, will prefer to use premium processing to file their petitions, as this will result in with them getting a petition receipt emailed them.
According to him, the only significant difference for the beneficiaries is that they will get emailed petition receipt while others not under the premium processing will have to wait for 2 weeks for the receipt to be mailed.
A Partner at Parker, Butte and Lane, Dagmar Butte, said that even though the processing will bring put the students’ minds at rest, it will be problematic for the International students as subsequently, they will be asked to bring Request for Evidence & probably Notice to Appear if they cannot prove that they maintained a nonimmigrant status always.
Today, the administrative action on immigration is being viewed from what happened 2 years ago. Requests for Evidence increased in those few years, as well as policy actions which were designed to prevent highly skilled foreign citizens from being hired in the country and also rising denial rates.
Hence, the presentation of a policy by USCIS on such short notice to harden situations for the holders of H-1B visa, United States employers and international students isn’t surprising.
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