Temporary Suspension of H1B Cap Premium-Processing Cases

As readers of MurthyDotCom were informed in our NewsFlash! USCIS Expects H1B Cap Limit by April 5, 2013 (18.Mar.2013), the U.S. Citizenship and Immigration Services (USCIS) is preparing for a large influx of H1B cap-subject cases between April 1 and April 5, 2013. These preparations for fiscal year (FY) 2014 filings include modifications in the premium processing procedures for cap-subject H1B cases. As explained here, these modifications include a temporary suspension of the premium processing procedure for H1B cap subject-cases, effective April 1, 2013 through April 14, 2013.

H1B Cap: High Filing Rates Anticipated – Premium Processing Suspended Until April 15

The USCIS expects, for the first time since FY09, that the annual H1B cap limit may be met during the initial five days of filing. For more information on this topic, see H1B Quota Exhaustion Likely by April 5, 2013. Based on this likelihood, as well as high rates of requests for premium processing, the USCIS will not be providing premium processing for cap-subject H1B filings between April 1, 2013 and April 14, 2013.

The suspension of the expedited, premium-processing service is limited to cap-subject H1B petitions. All other cases that are otherwise eligible for premium processing may utilize that service, as of this writing. It is still possible to request premium processing during the period of suspension. The USCIS simply will not process cases under the premium-processing timetables before April 15, 2013. Thus, if an H1B cap-subject case is filed on April 1st with the premium-processing request (form I-907), the expedited premium processing timeframe will start on April 15, 2013.

It also is still possible to upgrade a cap-subject H1B case to premium processing upon issuance of the receipt notice. This, too, is contingent upon the limitation that the premium-processing timeframe will not begin prior to April 15, 2013. The USCIS announcement and explanation is available on the USCIS WebSite.

Conclusion

This temporary change in procedure creates no advantage or disadvantage regarding the chance of one’s case being counted against the cap. The allocation of H1B cap numbers is based on filing dates, and, in some cases, on a random lottery selection. USCIS updates on this matter are appreciated. We at the Murthy Law Firm will keep our readers informed of H1B cap matters, as information from the USCIS is made available throughout this cap-filing season.

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