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Significant H-1B Processing Delays

September 11, 2012

The American Immigration Lawyers Association (AILA) expressed concern to U.S. Citizenship and Immigration Services (USCIS) that the significant delays in adjudicating cap-subject H-1B petitions at the two service centers (Vermont and California) will cause disruptions for employers who rely on the arrival of new H-1B workers and disruptions for the continued employment of F-1 practical trainees as H-1B workers, on October 1, 2012, initiate, continue, or expand projects. USCIS responded that it understands AILA’s concerns about the processing times for cap-subject H-1B petitions, including cap-gap and consular notification cases.

USCIS further stated that it has made adjudication of H-1B cap-subject cases by October 1st a top priority by adding additional resources as available. USCIS states that service centers are doing their best to adjudicate these cases as soon as possible.

Conclusion: Given the delays at the USCIS service centers, consider upgrading an H-1B case to premium processing for a faster response time.  Premium processing guarantees a 15-day turnaround time.

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