Cap Exempt H-1B Petitions

H-1B USCIS and Cap Exempt H-1B Petitions

The H-1B visas allow the United States companies to hire foreign graduate workers.  It is a non-immigrant visa that brings in the talented personnel from all around the world to work in specialized fields in the United States companies. These specialized fields include IT, finance, accounting, architecture, engineering, mathematics, science, medicine.

According to studies and statistics, every fiscal year has an annual cap of 65,000 H-1B visas. Moreover, 20,000 petitions are filed annually for masters’ cap for beneficiaries with a U.S. master’s degree or higher.

On 20th July 2017, a teleconference was held in the Ombudsman office of the U.S Citizenship and Immigration Services. This was regarding the discussion of H-1B petition processing.

On 24th July 2017, USCIS announced that the processing will be resumed for some H-1B USCIS and Cap Exempt H-1B Petitions. This was an announcement that had to be effective immediately. Previously USCIS announced that H-1B petitions filed on behalf of physicians, under the Conrad 30 waiver program and interested government agency waivers, will head into the premium processing.

There are some conditions on which the premium processing will begin for H-1B USCIS and Cap Exempt H-1B Petitions. These conditions are; petitioner should be a higher education institution, petitioner should be affiliated with an institute of higher education or it should be a governmental nonprofit research organization. Another condition on which the premium process could begin is whether the petitioner is employed at a qualifying cap-exempt organization. These are in a way conditions for eligibility of a beneficiary.

If the petitioners fulfill any of the above-mentioned conditions, then and only then must they file a request for Premium Processing Services via Form I-907 for the petition for a nonimmigrant worker, Form I-129. The H-1B petition can be filed along with the form I-907. Form 1-907 can also be filed again for a pending H-1B petition. Furthermore, other H-1B petitions will head into premium processing as permits for the workload.

After USCIS begins accepting premium processing for the petitions, it will give out specified details and announce more regarding the H-1B visas. For the time being, the premium processing has been suspended on a temporary basis.

Here are some precautions that one must take when filing forms for premium processing; Wait until the U.S Citizenship and Immigration Services begin accepting the petitions. If sent before that, the forms will be rejected. Do not submit a single combined check for the fees of Forms I-907 and I-129 as such forms will be rejected immediately.

For more information on USCIS and its programs, please visit www.uscis.gov.

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