NewsFlash! Premium Processing of H1B Cap Cases to Start by May 11, 2015

The U.S. Citizenship and Immigration Services (USCIS) issued a news release today to remind stakeholders that the agency will begin accepting fiscal year 2016 (FY16) cap cases on April 1st. Most of the information in the news release is widely known within the immigration community, including the fact that the “USCIS expects to receive more petitions than the H1B cap during the first five business days of [April]…,” meaning that a lottery is likely.

One notable piece of information included in the news release, however, is that the “… USCIS will begin premium processing for H1B cap-subject petitions requesting premium processing no later than May 11, 2015.” Last year, the USCIS promised to begin adjudicating premium processing cases by April 28, 2014. The fact that such petitions this year may have to wait even longer for the adjudication process to begin appears to be yet another indication that the USCIS is expecting even more cap cases in FY16 than the number filed last year.

It should be noted that, regardless of whether or not a cap case is filed for premium processing, this should have no impact on the chances that the case will be selected in the H1B lottery. Similarly, cases filed on April 1, 2015 should have the same chances of selection as those filed on any date through April 7th, which is the final day for filing cap cases so that they will be eligible for the H1B lottery.

MurthyDotCom will post updates of any new details that emerge. To stay informed regarding the FY16 H1B cap season, as well as other important details related to immigration law, subscribe to the free MurthyBulletin.


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