A recent H1B decision by USCIS & who might be effected parties!

GradSiren Team
GradSiren
Published in
3 min readSep 5, 2018

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An announcement by The USCIS office on premium processing for H1B petition suspension is now raising deeper concerns in employees and business professionals

During the end of August 2018, The U.S Citizenship and Immigration Service (USCIS) office announced another interesting update in the series of recent dynamics that are taking place in the immigration foray in the USA. It is regarding the premium processing of H-1B Petitions .Especially in the light of recent advancements in US with immigration Law changes, increasing denial rate of H1B applications and the slimmer chances of opportunities for a smooth immigration procedure it is more challenging news to all those H1B petitioners.

According to the USCIS official update, from August 2018 until almost 5 months’ time the department decided to suspend the processing of premium category H1B petitions. This is greatly worrying the employees, business owners, employers who are hiring the H1B Visa candidates in USA. As per this new regulation, by premium processing suspension, it hampers the frequent use of this processing for business migrants to change jobs, to travel out the country when the petition is pending.This issue could better be understood if observed closely.

The Premium processing is a service being offered by USCIS for a select skill set employment categories which are on temporary or permanent petitioners with USCIS. The petitioners with an extra fee of around USD 1425$ may get to benefit from this premium processing service. However, in the recent advancement as regulation from The USCIS, the number of H1B eligible petitions for processing towards premium service has been brought down substantially.

Concerns are rocketing about aspects like, No H1B petitioner who is in the intent of Changing a Job, Changing Employer and Changing location might not be easily able to benefit from this service which is a great challenge to those who intend to move for better prospects or travel out of the country. It gets tougher for employees to travel for personal reasons, especially during this suspension. As they are to be surer also about their H1B status even with their new employment opportunity very well. These recent decisions are more challenging especially during the recent trends in USA Immigration regulations where the visa denials reached all-time maximum and Request for Evidence & issues of Removal proceedings are spiking up a lot in the recent past.

However several Legal Immigration consultants and Law Attorney experts’ advice the applicants not to panic as the premium processing is only one of the several options for the processing of applications and a proper and timely help-seeking from a good Attorney on these matters. It is also advisable on the Human Resource professionals part to council the respective employees on the H1B petition advancements and the potential denial risks impending on the frequent movement of employment.

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