1. What is the role of the National Visa Center (NVC) in processing H-1B Cap-Subject Petitions?
The National Visa Center (NVC) is responsible for processing H-1B Cap-Subject Petitions from employers in the United States. This role includes verifying the employer’s petition, collecting the necessary fees, and initiating the required background checks. Additionally, the NVC will review all submitted materials to ensure the petition meets all required criteria for approval. Finally, they will forward the approved petition to the United States Citizenship and Immigration Services (USCIS) for further review and adjudication.
2. Does the NVC provide any assistance to employers when filing H-1B Cap-Subject Petitions?
No, the National Visa Center (NVC) does not provide any assistance to employers when filing H-1B Cap-Subject Petitions. The NVC only provides immigration services related to immigrant petitions (including family-based visa petitions, employment-based visa petitions, and Diversity Visa lottery applications). The U.S. Citizenship and Immigration Services (USCIS) is responsible for processing all H-1B Cap-Subject Petitions. Employers must file these petitions directly with the USCIS.
3. What are the steps involved in the NVC’s review and processing of an H-1B Cap-Subject Petition?
1. Receipt of the Petition: When a properly filed H-1B petition is received at the NVC, the NVC reviews it for completeness and accuracy and notifies the petitioner and beneficiary of the receipt.
2. Review of Petition: The NVC then reviews the petition and supporting documents to ensure that all requirements are met.
3. Approval of Petition: Once the petition is approved, it is forwarded to the US Citizenship and Immigration Services (USCIS) for final adjudication.
4. Issuance of Visa: After USCIS adjudicates the petition, the NVC will issue a visa to the beneficiary if all requirements are met.
5. Final Review: The NVC reviews all petitions one final time before issuing the visa to ensure that all information is accurate and complete.
4. Does the NVC collect any fees for processing H-1B Cap-Subject Petitions?
No, the NVC does not collect any fees for processing H-1B Cap-Subject Petitions. All fees associated with an H-1B Cap-Subject Petition must be paid directly to USCIS.
5. How long does it take the NVC to process an H-1B Cap-Subject Petition?
The processing time for an H-1B Cap-Subject petition typically varies from 5 to 8 months, depending on the workload of the USCIS office that is handling the petition.
6. Does the NVC provide guidance to employers regarding any additional documentation or information that may be required for an H-1B Cap-Subject Petition?
No, the NVC does not provide guidance to employers regarding additional documentation or information that may be required for an H-1B Cap-Subject Petition. Employers should consult an experienced immigration attorney to ensure that all necessary documents and information are included in the petition.
7. What type of communication will an employer receive from the NVC regarding the status of an H-1B Cap-Subject Petition?
An employer will typically receive communication from the National Visa Center (NVC) regarding the status of an H-1B Cap-Subject Petition through email or postal mail. The NVC typically sends out notifications when they have received the petition and when the visa has been approved.
8. How is an approved H-1B Cap-Subject Petition forwarded to USCIS for further review?
An approved H-1B Cap-Subject Petition is sent to the USCIS Service Center that has jurisdiction over the employer’s place of business. The petition is then reviewed by the USCIS to ensure that all the information is accurate and that the petition meets all legal requirements. If the petition is approved, a visa number will be assigned and a notice of action will be issued.
9. Is there a limit on the number of H-1B Cap-Subject Petitions that can be submitted to the NVC?
Yes, there is a limit on the number of H-1B Cap-Subject petitions that can be submitted to the NVC. The maximum number of petitions that can be accepted is 65,000. Additionally, an additional 20,000 petitions are available for those applicants who have earned a US master’s or higher degree.
10. Does the NVC provide any guidance to employers regarding how to respond to requests for additional evidence from USCIS?
No, the NVC does not provide any specific guidance to employers regarding how to respond to requests for additional evidence from USCIS. Employers should consult the relevant forms and instructions for filing the required petition or application, and contact the USCIS if they need additional information or clarification.
11. How does the NVC ensure that an approved petition is forwarded to the appropriate U.S. embassy or consulate abroad for visa processing?
The NVC ensures that an approved petition is forwarded to the appropriate U.S. embassy or consulate abroad for visa processing by sending a “Notice of Action” to both the petitioner and the beneficiary, informing them of the next steps in the visa application process. The Notice of Action contains information about how to schedule a visa interview at the applicable embassy or consulate, and directs the beneficiary to submit any additional paperwork, documents, and fees required for their specific visa category.
12. Does the NVC provide information on which countries are subject to Visa Lottery restrictions when processing H-1B Cap-Subject Petitions?
No, the NVC does not provide information on which countries are subject to Visa Lottery restrictions when processing H-1B Cap-Subject Petitions. This information is provided by the U.S. Department of State.
13. How does the NVC handle requests for expedited processing for H-1B Cap-Subject Petitions?
The NVC does not handle requests for expedited processing of H-1B Cap-Subject Petitions. Expedited processing requests must be submitted directly to the U.S. Citizenship and Immigration Services (USCIS).
14. Does the NVC conduct any verification of petition information prior to sending an approved petition to USCIS or a U.S. embassy or consulate abroad for visa processing?
Yes. The National Visa Center (NVC) verifies information on approved petitions prior to forwarding them to USCIS or a U.S. embassy or consulate abroad for visa processing. This includes verifying the petitioner’s identity and employment, and confirming that the correct application fees were paid.
15. Does the NVC provide any guidance to employers regarding how to submit an amendment or extension request for an approved H-1B Cap-Subject Petition?
No, the NVC does not provide any guidance to employers regarding how to submit an amendment or extension request for an approved H-1B Cap-Subject Petition. Employers should consult a qualified immigration attorney or their company’s human resources department for assistance with these requests.
16. Does the NVC provide any assistance to employers regarding how to respond to Requests for Evidence (RFEs) from USCIS when filing H-1B Cap-Subject Petitions?
No, the National Visa Center does not provide any assistance to employers regarding how to respond to Requests for Evidence (RFEs) from USCIS when filing H-1B Cap-Subject Petitions. Employers will need to seek legal advice from a qualified immigration attorney to understand and respond to RFEs.
17. Does the NVC provide information on which countries are subject to Country Specific Quotas when processing H-1B Cap-Subject Petitions?
No, the NVC does not provide information on which countries are subject to Country Specific Quotas when processing H-1B Cap-Subject Petitions. The United States Citizenship and Immigration Services (USCIS) is responsible for determining which countries are subject to country-specific quotas and for setting the annual quotas.
18. Does the NVC provide any advice on filing a corrective action plan for denied petitions?
No, the National Visa Center (NVC) does not provide advice on filing a corrective action plan for denied petitions. It is best to consult with an immigration attorney for advice on how to best proceed in this situation.
19. Does the NVC provide any guidance regarding how to request and submit a premium processing request when filing an H-1B Cap-Subject Petition?
Yes, the NVC provides the following guidance on premium processing for H-1B Cap-Subject Petitions:
1. Check the box on Form I-129 for premium processing.
2. Submit a copy of the Form I-129 and all required supporting documents to the NVC with a request for premium processing.
3. Pay the filing fees for the H-1B petition, including the USCIS premium processing fee.
4. Include a written request for premium processing with your petition, along with any additional documentation you may have to support your request.
5. The NVC will then forward your request to the USCIS for review and action. The USCIS will notify you when they have received and processed your petition.
6. If your petition is approved, you will receive a written notice from the USCIS that includes information about your H-1B status and any additional instructions you may need to follow.
20. In what cases will the NVC notify USCIS directly of any changes or updated information related to an approved H-1B Cap Subject Petition?
If the approved petitioner provides updated information related to an H-1B Cap Subject Petition, NVC will notify USCIS directly. This includes information related to the petitioner, beneficiary, and attorney of record.