On May 23, USCIS announced that due to the high number of recently filed I-129 petitions – in other words, H-1B petitions – USCIS anticipates a delay in issuing receipt notices. While petitioners normally can expect to receive a case receipt notice within 30 days of delivery confirmation, USCIS advises that it may be 45-60 days before such receipt notices are received. USCIS did not advise to what extent premium processed cases would be impacted, but it is presumed that those cases are unaffected given that the immigration agency is required to adjudicate a premium processing case (or return the additional fee) within 15 calendar days.
What this portends for actual petition adjudications remains to be seen but is likely to result in delays as well. Petitioners may want to consult with their immigration attorney whether converting cases to premium processing is advisable, especially where their foreign national employees need to travel abroad.
Tags: nonimmigrant visas