1. What is the USCIS Premium Processing suspension?

The USCIS Premium Processing suspension is a temporary suspension of premium processing for certain nonimmigrant visa categories. During this time, applicants who seek to file Form I-907, Request for Premium Processing Service, with certain petitions or applications, will be restricted from doing so. This suspension applies to all types of premium processing requests, including those filed as part of an extension of status application and change of status application. The suspension is in place to help USCIS reduce overall processing times and prioritize adjudication of long-pending petitions.

2. How long will the Premium Processing suspension last?

The Premium Processing suspension is currently scheduled to remain in place until December 31, 2020.

3. Does the USCIS Premium Processing suspension apply to all petitions and applications?

No, the USCIS Premium Processing suspension does not apply to all petitions and applications. The suspension applies to certain employment-based petitions and applications, including those classified as Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. It does not apply to other types of petitions and applications such as those classified as Form I-526, Immigrant Petition by Alien Entrepreneur, or Form I-765, Application for Employment Authorization.

4. Are there exceptions to USCIS Premium Processing suspension?

Yes, there are exceptions to the USCIS Premium Processing suspension. Examples of exceptions include extension requests for nonimmigrant workers, petitions for medical professionals and religious workers, and Form I-129 petitions related to the Conrad 30 Waiver Program. Additionally, premium processing is still available for certain petitions that are already pending and for Form I-140 immigrant worker petitions.

5. What types of visa petitions are affected by the USCIS Premium Processing suspension?

The USCIS Premium Processing suspension affects all types of H-1B visa petitions. This includes petitions for new employment, amendments, extensions, and transfers. It also affects petitions other than H-1B, such as H-2B and E-3.

6. How can I check the status of my application if the USCIS Premium Processing suspension is in effect?

If the USCIS Premium Processing suspension is in effect, you can check the status of your application by visiting the USCIS website and entering your application receipt number. You may also contact the National Customer Service Center at 800-375-5283 for further assistance.

7. What other services does USCIS provide if I cannot use the Premium Processing Service?

USCIS provides several other services if you cannot use the Premium Processing Service. These services include:
– USCIS InfoPass, which provides information about all immigration services and allows you to schedule an appointment with a USCIS representative at a local USCIS office;
– USCIS Contact Center, which provides general information about immigration services;
– USCIS Document Verification Service, which verifies the authenticity of your immigration documents;
– FOIA Request, which allows you to make a Freedom of Information Act (FOIA) request to obtain copies of your immigration records;
– The USCIS Online Account, which allows you to check the status of your case or request an appointment with a USCIS representative.

8. Is there any way to expedite the processing of my application or petition during the suspension period?

No, there is no way to expedite the processing of applications or petitions during the suspension period.

9. What is the H-1B visa cap?

The H-1B visa cap is an annual limit set by the United States Citizenship and Immigration Services (USCIS) on the number of new H-1B visas that can be issued each year. The current annual cap is set at 65,000, with an additional 20,000 available for individuals with a Master’s or higher degree from a U.S. institution of higher education.

10. How do I apply for an H-1B visa?

To apply for an H-1B visa, you must first have a job offer from an employer in the United States who is willing to sponsor you. The employer must file a petition with the United States Citizenship and Immigration Services (USCIS) on your behalf. Once the petition is approved, you can apply for the visa through the US Embassy or Consulate in your country.

11. What are the requirements to qualify for an H-1B visa?

To qualify for an H-1B visa, applicants must have:

1. A bachelor’s degree or its equivalent in a specialized field;
2. A job offer from a U.S. employer in a specialty occupation;
3. The employer must obtain a Labor Condition Application (LCA) from the Department of Labor;
4. The employer must file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS);
5. The employee must have the necessary qualifications and experience to perform the duties of the specialty occupation; and
6. The position must have a prevailing wage that the employer is willing to pay.

12. How long does it take to process an H-1B visa application?

The processing times for an H-1B visa application vary depending on many factors including the type of visa, the country of origin, and the type of application. Generally, it could take anywhere from a few weeks to a few months for the entire process to be completed.

13. Is there a fee to apply for an H-1B visa?

Yes, there is a fee to apply for an H-1B visa. The filing fee is $460, and the additional fee for the Fraud Prevention and Detection Fee is $500. There may also be additional fees for other services, such as premium processing or attorney fees.

14. What is an L-1 visa?

An L-1 visa is a nonimmigrant visa issued by the United States that allows multinational companies to transfer key employees from one of their foreign offices to a U.S. office. The visa holder will typically be an executive, manager, or someone with specialized knowledge and the purpose of the transfer must be to fill an essential role in the U.S. office.

15. How do I apply for an L-1 visa?

To apply for an L-1 visa, you must first file a petition with U.S. Citizenship and Immigration Services (USCIS). The petition is Form I-129, Petition for Nonimmigrant Worker. This form must be completed by either the U.S. or foreign employer and include supporting documents such as evidence that a valid employer-employee relationship exists between the U.S. and foreign employer and proof of the applicant’s qualifications for the role in which they will be employed.

Once the petition is approved by USCIS, the applicant will be required to complete a nonimmigrant visa application form (Form DS-160) at a U.S. embassy or consulate, as well as attend an in-person interview with a consular officer. The consular officer will review all submitted documentation and eventually decide whether or not the applicant is eligible for an L-1 visa.

16. What are the requirements for an L-1 visa?

To qualify for an L-1 visa, the foreign worker must have been employed by a foreign employer for at least one year within the past three years and must be transferring to a parent, affiliate, or subsidiary company in The United States. Additionally, the foreign employer and U.S. employer must have a qualifying relationship as defined by USCIS, and the foreign worker must be transferring to The United States to work in a managerial or executive capacity, or as an employee with “specialized knowledge”.

17. Is there a fee to apply for an L-1 visa?

Yes, the filing fee for an L-1 visa application is US$460.

18. How long does it take to process an L-1 visa application?

The timeframe for processing an L-1 visa application depends on many factors, including the complexity of the case and the workload of the USCIS office where it is filed. Generally, it can take anywhere from 4 to 8 months. However, expedited processing may be available for certain applications.

19. Are family members of H-1B and L-1 visa holders eligible to accompany them in the US?

Yes, family members of H-1B and L-1 visa holders are eligible to accompany them in the US. Family members are eligible to apply for a dependent visa such as the H-4 visa for spouses and children (under the age of 21) and the L-2 visa for spouses and unmarried children under 21.

20. Can H-1B and L-1 visa holders change employers while they are in the US?

Yes, both H-1B and L-1 visa holders can change employers while in the US. However, the new employer must file a new petition with USCIS on the employee’s behalf.