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H1B Premium Processing Compelling Circumstances

1,498 views 3 comments
posted Apr 13, 2017 in H1B Visa RFEs by dan (23,600 points)

We all know that H1B Premium Processing has been suspended indefinitely by USCIS. However, you may still have an option to file Form I-907 for Expedited Processing of your petition under if you have Compelling Circumstances.

What comprises of Compelling Circumstances

USCIS reviews all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met.

USCIS may expedite a petition or application if it meets one or more of the following criteria:

  • Severe financial loss to company or person;
  • Emergency situation;
  • Humanitarian reasons;
  • Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
  • Department of Defense or national interest situation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);
  • USCIS error; or Compelling interest of USCIS.

The best way is to send a Premium Processing request for your H1B Petition after you have filed under regular processing by upgrading the H1B Petition to Premium Processing. If you attempt to send a new H1B Petition for Extension or Amendment, you may risk a rejection.

How to upgrade H1B from Regular Processing to H1B Premium Processing with FAQs

You must write a detailed letter to USCIS and support with evidence when you send your I-907, Premium Processing petition.

Examples

  • A serious Medical Condition of you or a Family Member
  • Death of a Family Member
  • Inability to travel to work as the DMV won't give you a Driver License based on pending H1B (You must get a letter from DMV as Evidence)

Please note that it is not guaranteed that USCIS will honor your request even if you have a situation. In most cases, if USCIS has not accepted the H1B I-907, your fee of $1225.00 will be sent back to you.

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3 Comments

commented Apr 13, 2017 by dan (23,600 points)
If USCIS has accepted your I-907, you will see that the check for $1225.00 debited from your account. Any RFEs will be issued for the H1B petition and may not be to prove the Compelling Circumstance.
replied Aug 3, 2017 by Roland007 (100 points)

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