On March 16, 2016, USCIS issued a notice stating that for Fiscal Year 2017 H-1B cap filings (which are to be filed in the first 5 working days of April 2016 with a start date of October 1, 2016), it anticipates that it will delay the initiation of premium processing (as it has done in prior years). Specifically, USCIS will begin premium processing for H-1B cap-subject petitions “no later than May 16, 2016.”
Under premium processing, USCIS will adjudicate a petition or issue a Request for Evidence within 15 calendar days of the filing. In the H-1B cap context, USCIS has been known to put a hold on premium processing for several weeks before activating the 15 calendar day processing time. Specifically:
- in 2015, H-1B cap premium processing commenced on April 27, 2015;
- 2014, H-1B cap premium processing commenced on l April 28, 2014;
- in 2013, H-1B cap premium processing commenced on April 15, 2013.
USCIS has also previously suspended premium processing on other types of filings. For more information, see https://www.uscis.gov/forms/how-do-i-use-premium-processing-service.
As compared to premium processing, cases filed under regular processing may take many months to be adjudicated. In prior years, certain regular processing cases remained pending until after the requested effective date of October 1st. Receipted cases can later be upgraded to premium processing.
Finally, the use of premium processing does not increase the likelihood that a case will be selected in the lottery. It only impacts the processing time frame for cases once selected.
