USCIS Making H-1B Cap Petition Processing a Priority

September 5th, 2012 by Brian D. Zuccaro

In response to the growing concerns over the significant delays in the processing of H-1B FY 2013 cap petitions, USCIS has informed AILA that the agency “has made adjudication of these cases by October 1st a top priority by adding additional resources as available.” AILA InfoNet Doc. No. 12090443 (posted Sep. 4, 2012).

H-1B FY 2013 cap petitions have an October 1, 2012 employment start date. However, these petitions must be approved before a worker may begin employment under H-1B visa status. As such, these processing delays may postpone H-1B workers’ start dates especially for those who have to obtain an H-1B visa stamp at a U.S. consulate prior to entry to the U.S.

Individuals who do not want to rely on USCIS’ regular processing of their H-1B petitions should consider upgrading their petitions to premium processing. For an additional filing fee of $1,225, USCIS will adjudicate the H-1B petition within 15 calendar days under this service.

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