Understanding the Changes in H-1B Visa Premium Processing for FY2020

The recent focus on U.S. immigration procedures has stirred much debate and misinformation among aspiring H-1B visa holders. It's important to clarify that recent changes regarding premium processing (PP) for H-1B cases are temporary and specific to the fiscal year 2020 (FY2020). Here, we break down the key changes and provide a comprehensive guide to help you navigate this new process effectively.

Key Changes in Premium Processing for H-1B Cases

Effective Date: The changes discussed here are applicable starting from April 1, 2019, when the U.S. Citizenship and Immigration Services (USCIS) begins receiving cap-subject H-1B cases for the FY2020.

Cap Cases Filing as a Change of Status: For employers seeking to process H-1B change of status cases through premium processing, a critical change is that they need to file the I-907 request for premium processing concurrently with the initial I-129 petition. This means the I-907 form must be submitted at the time of the I-129 filing to qualify for premium processing. USCIS will not start processing premium processing petitions until May 20, 2019, at which point they will issue an official announcement.

Upgrading to Premium Processing: If an employer wishes to upgradefrom the standard processing to premium processing for an ongoing H-1B change of status petition, they must wait for the official announcement from USCIS. However, note that USCIS has not yet announced whether they will accept premium processing requests for change of status cap cases. This decision will be made in the coming months.

Implications for Employers and Job Seekers

Based on the above information, it is crucial for employers to be proactive and prepare accordingly. If you’re an employer, consider starting the I-907 process as soon as USCIS begins accepting I-129 petitions as this simplifies the application process. Additionally, it’s wise to monitor USCIS announcements as any updates can impact your plans.

Job seekers should also be aware that these changes may affect their application timelines. Given that premium processing is now effective for change of status cases starting from May 20, 2019, individuals should plan accordingly. However, standard processing will remain available for those who don’t opt for premium processing.

Final Notes and Considerations

It's important to remember that this information is based on current and anticipated changes and is not intended to be legal advice. Employers and visa applicants are advised to consult with legal professionals for personalized guidance and to stay updated on any further changes in USCIS policies.

New immigration policies can often feel complex and overwhelming. However, by understanding and preparing for these changes, you can streamline the application process and increase your chances of success. Stay informed and proactive in your approach to ensure a smoother journey towards obtaining a U.S. H-1B visa.

Conclusion

The changes in H-1B visa premium processing for FY2020 are a temporary adjustment designed to manage U.S. immigration processes effectively. By understanding these changes and planning accordingly, employers and job seekers can navigate the H-1B application process more smoothly. Remember to stay updated and seek professional advice when necessary to maximize your chances of visa approval.