USCIS Resumes Premium Processing for All H-1B Petitions
USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request.
When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If not take certain adjudicative action within the 15‑calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition.
USCIS has published the denial report for 2018 at
It is astonishing that numerous continuation cases are also being denied for major US corporations and it, unfortunately, is bound to have a ripple effect on the quality of work when people are required to stop work that they have been performing for a long time. Some major companies seem to have had more than 50% of their cases denied for their last year April filings.
Details from DOS’s Check-in with Charlie Oppenheim: February 26, 2019 – EB based Greencard Priority Dates
(Source: AILA Doc. No. 14071401)
Employment-Based Preference Categories:
As predicted, there is only modest movement of one month for the EB-1 Worldwide Final Action Date in March, from December 1, 2017 to January 1, 2018. Similarly, the Final Action Dates for EB-1 China and EB-1 India creep forward only three weeks from February 8, 2017 to February 22, 2017.
Charlie underscores that AILA members should expect EB-1 to move at the lower end of the projected range of 0-2 months for EB-1 Worldwide and 0-1 months for EB-1 China and EB-1 India. Based on the continuing high demand, members should expect “minimal if any’ movement in the EB-1 categories, and especially in EB-1 China and EB-1 India. The level of demand received after the publication of the projections in the February 2019 bulletin increased by over 50 percent during January, and the level received during the first three weeks of February exceeds that received during all of February 2018.
India EB-2 and EB-3 Remain Flipped:
The EB-2 India Final Action Date advances only three days to April 9, 2009 in March, whereas the Final Action Date for EB-3 India, which was already ahead of EB-2 India in February, advances a full month to May 22, 2009. Although the possibility of this inversion was hinted at for some time, this phenomenon only occurred in February 2019, so it is too soon to know if EB-2 downgrades will be filed, and if so, how that might impact the relative Final Action Dates between these two categories
EB-2 and EB-3 China:
The Final Action Date for EB-2 China remains ahead of EB-3 China, and continues to advance at a faster rate, with EB-2 Chinaadvancing three months to January 1, 2016 in March, and EB-3 China advancing only one week to July 8, 2015 for March. Given the projected advancements and barring any changes in the demand trends, members can expect this to continue for the foreseeable future.
A note from USCIS for all stakeholders published at https://www.uscis.gov/outreach/national-public-engagement-h-1b-filing-tips-and-understanding-requests-evidence-rfes
National Public Engagement H-1B Filing Tips and Understanding Requests for Evidence (RFEs)
U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a teleconference on Thursday, March 7, from 1 to 2 p.m. Eastern to discuss H-1B nonimmigrant petitions. During the first part of this engagement, subject matter experts from USCIS will give helpful filing tips and provide a better understanding of why RFEs may be issued for H-1B petitions. The second part will be a listening session where you will have the opportunity to provide feedback to USCIS.