The United States Citizenship and Immigration Services (USCIS) has released the official memorandum regarding H1B petitions for 2015-2016 including the adjusted processing date for petitioners requesting H1B premium processing. USCIS will begin H1B premium processing for cap-subject petitions no later than May 11, 2015 although the official 2015-2016 H1B season window opens on April 1st.
As we predicted based on the last H1B fiscal season, the congressional mandated H1B Visa quota (regular category) stands at 65,000 while the master’s quota/exemption is capped at an additional 20,000. Taking a cue from the FY 2015 H1B season, USCIS expects to receive more petitions than the cap permits within the first five days of the season. The official window is open on April 1st so assuming, they receive an excess number of submissions, a lottery system will be implemented and petitions will be selected at random until the quota is filled. What to learn the best ways to prepare your H1B petition? Take a look at these top filing tips for an H1B visa approval.
Breaking News–H1B Premium Processing Date Adjusted
One noticeable change from the last H1B visa season is the adjusted H1B premium processing date.
“Please note that USCIS has temporarily adjusted its current premium processing practice based on historic premium processing receipt levels and the possibility that the H-1B cap will be met in the first five business days of the filing season…”
USCIS has announced that they will commence H1B premium processing for cap subject petitions no later than May 11, 2015. Compared to FY 2015 in which USCIS began handling premium processing petitions by April 28, this delay comes as a surprise to many. What this indicates is that the volume of petitions received this year will most likely exceed past H1B seasons so it’s crucial to have your documents prepared on time.
Important H1B Petition Reminders
Here we’ll cover some important reminders regarding the H1B visa season.
- In order to begin the H1B visa process you need to have an employer willing to sponsor you and they must receive Labor Condition Application prior to submitting the petition. If these conditions are not met, your petition is likely to result in a denial.
- The start date on the petition must be for October 1, since a petition is not allowed to be filed more than 6 months before beginning employment.
- If you plan on filing your H1B petition for the Master’s Exemption double check that the degree was earned from a U.S. based institution which operates as a public or not-profit entity.
- Also, ensure that it has been accredited by a nationally recognized accrediting agency. It’s not wise to assume that your degree automatically qualifies, even if it’s based in the United States. On many occasions, there have been situations where an institution’s accreditation has been revoked and as a result, petitioners were not eligible to file for the Master’s Exemption.
More details pertaining to the planning process can be found on the H1B Visa 2016 News, Quota, Lottery Predictions Complete Guide.
How Our H1B Attorneys Can Help
At SGM Law Group, our H1B attorneys have extensive experience handling complex cases. If you think you don’t qualify or are missing a vital component of the H1B process, give us a call and we may be able to identify a solution for you.
- Our lawyers have an excellent track record of success when it comes to H1B filings and we charge a highly competitive flat fee as well as timely filing.
Contact us to receive your free H1B visa consultation. We can accommodate individuals who speak Spanish, Hindi, Urdu and English.