On August 08, 2018 USCIS has extended the temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, and has expanded the temporary suspension to include certain additional H-1B petitions. The suspension expected to last until Feb. 19, 2019
Why has USCIS suspended the H1B Premium Processing for Certain Petitions?
Due to heavy workload, and to process long-pending petitions, USCIS has been unable to handle due to the high volume of incoming petitions and premium processing requests over the past few months; Be responsive to petitions with time-sensitive start dates, and Prioritize adjudication of H-1B extension of status cases that are nearing the 240-day mark.
What type of H1B Petitions NSC (Nebraska Service Center) still accepts under the H1B Premium Processing Program?
H-1B petitions that request a continuation of previously approved employment, without change, with the same employer, which are filed exclusively at the Nebraska Service Center, are not affected and can continue to submit requests for premium processing service.
What do you mean by a continuation of previously approved employment?
Continuation of previously approved employment defined as the same job with the same employer, and the same client if you are providing services for a client. There should not be any change in Job duties, Location or pay rates.
What type of H1B Requests eligible for the H1B Premium Processing at NSC?
Keeping the above definition in mind, please note the following:
Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization;
Those petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a concurrent request to:
- Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (Box on Part 2, Question 4, Page 2 of the current Form I-129); or
- Extend the stay of each beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129).
Under Compelling Circumstances, you may still request an H1B Premium Processing, if you have any of the following reasons.
USCIS review s 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
- 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.
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