H1B Visa Premimum processing FAQ

What are the non-immigrant visa categories are eligible for premium processing services?
The following non-immigrant visas categories are eligible for premium processing services: E-1, E-2, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, H-1B, TN or R nonimmigrant and Q-1.

What are the additionals required for premium Service?
You have to file Form I – 907 to request Premium Processing Service along with a separate check or money order in the amount of $1,000. This amount is in addition to regular filing fee for H1b petition.

Can the fee for h1B Premium Processing Service be waived?
The fee is set by US Government and cannot be waived for any reason. However, the $1000 premium processing fee will be refunded if USCIS cannot make any decision on the application within 15 calendar days.

My H1B application has been pending for a long time; can I request Premium Processing Service to expedite the procedure?
Yes. You may submit completed Form I-907 and $1000 fee to request Premium Service. Your 15 calendar day processing period will begin, when the INS receives your Form I-907.

Whom do I contact if I have questions regarding premium processing?
An email address will be will be provided in the application, Form I -907. once INS receives your petition the will designate a phone number. The phone number and email address are only for petitioners who have requested Premium Processing service. Also the mailing address is unique to Premium Processing customers.

I would like to use premium processing services; what will happen to my dependents if they filed simultaneously with me?
If your dependents apply simultaneously with you under premium processing services each and every family member’s application will be processed without any additional cost.

Is there any other way to expedite my H1b petition other than the premium service?
The USCIS allows expedited procedure under the following circumstances

• Severe financial loss to a company or individual,
• Extreme emergent situation,
• Humanitarian situation,
• Department of Defense or national interest situation, or
• INS error.

What is graduate equivalent?
H-1 B visa demands a petitioner who has 4 years of college degree. It can be substituted by 12 or more years' experience in the occupation, which is ‘graduate equivalent’.

When is a good time to apply for an H-1 B visa?
US government releases visas on October 1, of every year. US employers can submit H-1 B petition with USCIS 6 months prior to October 1, of every year which is in April 1st. However, the employee cannot start working for the employer until October 1st.

Are there any minimum criteria to be met by a company to apply for an H-1 B visa?
An US employer with a valid IRS Tax Number or Tax ID Number can petition H-1 B. In order to obtain Labor Condition Application (LCA), which is a Prerequisite for petitioning H-1 B, an employer needs the Tax ID Number.

What is H1 B Bench Regulation?
An employer, who is not paying during bench period is in violation of federal regulations. However, an employer is not entitled to pay when an employee takes off from work due to personnel reasons such as sick, travel, etc.

I have applied for H1B transfer; when is the earliest date that I can start working for prospective employer?
If you have entered US legally and have never overstayed in US, You can start working as soon as an employer files Form I-129, "non frivolous" H-1B petition for transfer,on behalf of you. The following conditions should be met inorder for a H1b worker to start working as soon as the H1B visa transfer is filed

• The alien has entered US legally
• Has never been out of status during the entire stay in US
• H1B transfer should be submitted before the end of period of authorized stay.

If these conditions are not met, the H1B visa holder should wait until the transfer petition has been approved.

[ 1 ] [ 2 ] [ 3 ] [ 4 ] [ 5 ]