H-1B Extension Delays

H-1B Extension Delays in Processing Times

H1b 2016

A recent problem in USCIS adjudications is lengthy processing times for H-1B extension applications. These are applications filed without premium processing. The delays are problematic: they force employers to fork over the $1,225.00 for premium processing, and they can cause significant hardships for affected employees. USCIS Service Center Operations has acknowledged that the lengthy processing times are a problem and USCIS is working on reducing those times.

American Immigration Lawyers Association is working with USCIS to reduce the processing time. The main issues are employees in danger of losing employment authorization or were otherwise forced to request an upgrade to premium processing as a result of the backlog; and (2) clients with a pending H-1B extension petition, where the H-1B beneficiary is within one month of the expiration of the automatic 240-day employment authorization extension.

It is important to consult with the attorney filing your H-1B application whether premium processing is necessary. Both service centers are close to 6 months in processing time. That means an application submitted today would not be adjudicated until the end of July or beginning of August. Premium processing forces a decision within 15 days.

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