On January 25, 2019, US Citizenship and Clearing Services (USCIS) appear that the bureau would reinstate exceptional processing for H-1B petitions filed aftermost April beneath the FY 2019 anniversary allocation (the “cap”), including those acceptable for the avant-garde amount absolution (i.e., holders of US master’s degrees or higher). This acknowledgment of exceptional processing is alone accessible for awaiting petitions and will not administer to new submissions, as the FY 2019 cap allocation has already been met.
The exceptional processing account permits administration to pay an added fee of $1,410 to acquire an clearing account adjudicated aural 15 days, and USCIS will acknowledgment the added fee to the employer if the account appliance is not appropriate adjudicated.The Suspension
Effective April 2, 2018, USCIS abeyant the exceptional processing account for H-1B petitions accountable to the FY 2019 cap. On August 28, USCIS continued and broadcast the abeyance to accommodate all H-1B petitions filed with the California and Vermont Account Centers, including change of employer and alteration petitions. The broadcast abeyance excludes filings that are cap absolved because the almsman will be alive at a condoning cap-exempt academy of college education, a nonprofit analysis organization, or a government analysis organization. The abeyance additionally does not affect H-1B petitions filed at the Nebraska Account Center requesting a “[c]ontinuation of ahead accustomed application after change with the aforementioned employer.”
Employers should accede appointment exceptional processing requests for awaiting FY 2019 H-1B cap petitions in hopes of accepting a accommodation afore FY 2020 H-1B cap petitions can be filed on April 1, 2019.
The abeyance of exceptional processing for all added afflicted H-1B submissions charcoal in effect, constant with USCIS’s August 28 announcement. Though that abeyance was accepted to abide until February 19, 2019, the bureau is now advertence it affairs to resume exceptional processing for the actual categories of H-1B petitions “as bureau workloads permit.”
It charcoal ambiguous whether the bureau will admittance exceptional processing for FY 2020 H-1B cap-subject petitions, which the bureau will acquire alpha on Monday, April 1, 2019.
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