Many of OmniAir’s members utilize H-1B visas to hire high-skilled foreign employees for crucial engineering and technical jobs. A recent change in premium processing of H-1B petitions may impact OmniAir’s members. We thought it was important to provide information our members would find beneficial and therefore partnered with DC-based immigration law firm Syed Law Firm, PLLC to provide guidance.
On Friday, March 3, 2017, the U.S. Citizenship & Immigration Services (“USCIS”) announced that it will temporarily suspend premium processing for all H-1B petitions filed on or after April 3, 2017. Premium Processing is an expedited filing service offered by USCIS for an additional fee of $1,225 for certain filings guaranteeing a response within 15 calendar days. This temporary suspension of premium processing applies only to H-1B petitions. It does not apply to I-140 petitions or other temporary visa classifications, such as L-1, O-1, TN, and E-3 petitions. Despite the temporary suspension, USCIS will still consider expediting certain H-1B petitions in rare circumstances on a case-by-case basis.
“The success of an H-1B petition depends on a careful assessment of the employer profile, the job description and employee qualifications,” said DC-based immigration attorney Mohammad A. Syed, principal at Syed Law Firm, PLLC. “An experienced immigration attorney can help determine areas of weakness and present evidence in manner that minimizes the risk of rejection. An experienced attorney can also help with a successful appeal of an initial denial.”
The suspension may last up to six months. USCIS has noted this temporary suspension will help it reduce overall H-1B processing times. USICS will make a public announcement before resuming premium processing for H-1B petitions.
Filings impacted by this suspension:
- All FY 2018 cap-subject H-1B cap petitions (those subject to the U.S. master’s cap and regular cap),
- Any H-1B petitions (not subject to the H-1B cap) filed on or after April 3, 2017 requesting a change of employer, change of status, extension of status, or amendment, or any cap-exempt H-1B petitions filed on or after April 3, 2017
The basic criteria for H-1B employees:
Detailed guidance issued by the U.S. Citizenship and Immigration Services (USCIS):
Requirement 1 – You must have an employer-employee relationship with the petitioning U.S. employer.
Requirement 2 – Your job must qualify as a specialty occupation by meeting certain specified criteria.
Requirement 3 – Your job must be in a specialty occupation related to your field of study.
Requirement 4 – You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.
Requirement 5 – An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.
Who can apply for the H-1B visa?
The applicant must be a well-qualified person who has been offered a job in the United States for a term of three years or less at the outset. If the visa is granted, it can be extended for a further three years if the employer still requires the visa holder’s services at that stage.
The H-1B annual lottery
Each year, there is a cap on the number of people who may be granted an H-1B visa. In the last few years, the cap was immediately met on the first day. The cap is presently at 65,000 a year. The actual number of H-1B visas issued each year tends to be much higher than 65,000, as people who work at universities, non-profit research centers, and government research centers are not included in the cap. In addition, the first 20,000 applicants who already hold U.S. master’s degrees or higher are also not subject to the cap.
Processing times
As long as there is sufficient preparation time before the April 2017 filing deadline, H-1B applications can be submitted and processed in a matter of weeks. Once the employer and employee agree that they would like to pursue an H-1B visa application, the attorney needs some time to complete the LCA electronic filing. The approval of the LCA can take 10-15 days, though it can happen sooner.
For additional information about H1-B visas or other immigration related questions, please visit Syed Law Firm, PLLC website or call Mohammad Ali Syed (Mo) at 202-503-1425 for a consultation.
Mr. Syed founded The Syed Law Firm, PLLC in 2011 and has developed a thriving immigration, litigation, and international business practice. His past experience includes several years in the antitrust and business disputes section of the law firm of King & Ballow with offices in Nashville, TN and La Jolla, CA.
Mr. Syed graduated cum laude from the University of Rochester (1997) and obtained his law degree from the George Washington University Law School (2000). In 2007 he completed the Harvard Law School Program of Instruction for Lawyers (mediation workshop).