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U.S. resumes processing of H-1B visas
September 20 , 2017
2615 days
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- The U.S. Citizenship and Immigration Services (USCIS) resumed premium processing on Monday for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap.
- On March 3, 2017 the U.S. Citizenship and Immigration Service announced on their website that starting from April 3, 2017 they would temporarily suspend premium processing for all H-1B visa petitions until further notice
- The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(17)(H) which allows U.S. employers to employ foreign workers in specialty occupations.
- The duration of stay is three years, extendable to six years. An exception to maximum length of stay applies in certain circumstances:
- If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year increments until a decision has been rendered on their application for permanent residence. This is backed up by the Immigration and Nationality Act 106a).
- If the visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa until their adjustment of status can finish. This exception originated with the American Competitiveness in the 21st Century Act of 2000 section 104a (AC21 104a).
- The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work.
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