As you know, Fall 2017 Regulatory agenda has lot of H1B visa related changes in the agenda and we have many H1B visa Bills proposed in 2017 & 2018 that are actively pursued by Trump administration and other democrats, many are worried, if any of those will be applied for H1B visa 2019 Season…below is quick update from AILA on the same.
What’s USCIS update to AILA on H1B 2019 Season ?
USCIS confirmed to American Immigration Lawyers Association ( AILA) on two things:
- There will NOT be any procedural changes to H1B Visa 2019.
- There may be temporary suspension of H1B premium processing for FY 2019 cap subject petitions and the premium processing suspension may not apply to H1B cap exempt petitions.
The big question is what does this update mean to everyone.
What does No Procedural changes to H1B 2019 season mean ?
It means that there will not be any changes in April 2018 for the FY 2019 quota to the way H1B petitions are filed by employers with USCIS or the way USCIS handles petitions, like if there are more petitions filed than the required cap . Basically, there will NOT be any change to the H1B visa Lottery Process that has been in practice for the last few years.
While many regulations like increasing the H1B wage to 130K USD, Pre-registration of petitions and picking them by salary offered & qualification, increasing H1B cap, etc. have been discussed extensively and either part of the current H1B bills that are in process or Fall 2017 Regulatory agenda, none of these will be implemented for the H1B 2019 season.
What does H1B 2019 Premium Processing Temporary Suspension mean ?
While USCIS indicated that as a recent practice they will suspend H1B premium processing for cap subject petitions, they did not indicate on how long this will be suspended, we will have to wait for the news announcement. Basically, it may be similar to last year, but minor change is that they may not suspend cap exempt petitions. What it means is that H1B transfers, cap exempt petitions can still be filed under premium processing. Only, the new petitions filed for FY 2019 quota cannot be filed under premium processing.
What do you think of the recent update ?
If you are a newbie to H1B Process, please check out basics like What is H1B visa, Process, Quota, etc – FAQs .