H-1B I-129 Applications – More Guidance from the USCIS for the H-1B Season
The USCIS Service Center Operations has provided some more guidance for the upcoming H-1B season in recent discussions with a liaison committee of AILA which then published a summary of that guidance. Here are the highlights.
First, stating the obvious, the USCIS fully expects the same volume of H-1B I-129 filings as last year. Because of that high volume, the USCIS is cautioning that a request for Premium Processing (by which the USCIS promises to adjudicate an application within 15 days) may not be able to be honored. Premium processing will be available to request (via Form I-907) but the 15 day guarantee may not be met simply because of the volume. Personally, I think it is still definitely advisable to request premium processing.
On the issue of filing duplicate H-1B applications in an effort to increase the chances of getting it in under the numerical cap, the USCIS advises that it is currently working on a regulation to prohibit this although there may be a question about how “duplicate” is defined. For example, AILA believes that an H-1B petition filed under both the regular and the Master’s cap is NOT considered a duplicate. We know for sure when the reg is published.
Finally, SCOPS confirms that an H-1B application can not be E-filed.
I’ll keep posting on any H-1B news throughout the H-1B season.
