Update on H-1B Processing Delays
Courtesy of AILA
The latest news from the INS California Service Center (CSC) is that the
additional processing delays resulting from the IBIS security checks will
result in an increase in the backlog of H-1B processing by one day every week
for the foreseeable future.
As of September 19, 2002, H-1B petitions involving an extension of stay are taking 5 months
or more; H-1B petitions involving a Change of Status or Cable Notification
(beneficiary is abroad) are taking 4 months or more.
The prioritization of the CSC division which adjudicates H-1B petitions are as follows:
1. L-1 cases
2. Premium Processing Cases, including H-1B petitions
3. I-539 Applications
4. Non-premium processing H-1B petitions
Premium Processing guarantees adjudication (not necessarily approval)within 15 days of filing with a payment of a $1,000 fee on top of the filing fee of $1,130. If the INS fails to adjudicate the case within 15 days, the $1,000 premium processing fee will be refunded.
Accordingly, if your company or employer wishes to
avoid paying the $1,000 premium processing fee, it is advisable to file an H-1B petition as far in advance as possible. The regulations permit the filing of H-1B petitions 6 months in advance of the requested start date.
