
USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions - analyst74
https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions
======
NTDF9
A new company just applied for "H-1B transfer" by premium processing this
week. All I can say is wtf?

I'm in a potential limbo state here because:

\- I am on a notice period for impending layoffs later in the month

\- I found a new job, did all the documentation crap and my new company filed
already. Hopefully, I'll get a decision in 2 weeks

\- If not (say I get an RFE or get denied for the transfer), I lose my status
because I couldn't transfer to the new company && my old company will lay me
off, rendering my old h1b invalid

\- In an RFE or denial, I will have to look for a job again in 60 days. For
that h1b, it'll take them 7 months to tell me if it is approved or not. I can
start working for the new company while this processing is going on though

\- Say, I get laid off in those 7 months again. What does that mean for my
status? Can I legally change to a new H1b with another company?

\- Say, they come after 7 months and tell me it wasn't approved, does that
mean I was working illegally so far?

This ambiguous and random pile of regulation over regulation sometimes makes
me think, hey, it's better to just get out of this place and live somewhere
else in peace. For all their talks of supporting legal immigration, US
immigration process is incredibly slow, hinges on random pieces of paper and
doesn't factor in that an individual can have life changing circumstances in
this long duration. Life changing circumstances include marriages, family
issues, health issues, lay offs etc.

The only way an individual can navigate this PROLONGED bureaucracy is if they
have no dependents, no family issues, no health issues, no
girlfriends/boyfriends/wives/husbands...so that they can keep fighting random
nonsensical regulations, RFEs and denials.

Sigh!

~~~
trustfundbaby
Typically all you need after filing the transfer is the receipt from USCIS to
start work at the new firm. You don't have to wait for a decision, so go to
your new company and set a new start date.

AFAIK Its very rare to get a H1B denial or RFE, but YMMV

~~~
NTDF9
>> AFAIK Its very rare to get a H1B denial or RFE, but YMMV

I have received an RFE in the past for stupid things like "Prove this fortune
500 company is real and paid you real wages".

This, after having sent my paystubs and W-2s.

------
pavanky
Before anyone jumps the gun, this has happened previously in 2015 too:
[https://www.uscis.gov/news/alerts/uscis-temporarily-
suspends...](https://www.uscis.gov/news/alerts/uscis-temporarily-suspends-
premium-processing-extension-stay-h-1b-petitions)

~~~
i0exception
This is not the same as the new suspension. The one in 2015 only affected
extension of stay applications (if you want to extend your visa beyond 6
years). Typically people start the extension of stay process well in advance
(USCIS lets you start at most 6 months before expiry).

The current one affects anyone trying to file a new petition (including those
that are cap-exempt). If someone wants to switch employers they cannot use
premium processing, which affects their ability to travel internationally
and/or move jobs.

~~~
nonedone1yb
This is not true. 2015 freeze applied to all h1b applications including h1b
transfers.

~~~
1_2__3
Maybe one of you two should actually cite something instead of saying "yes
they did/no they didn't" silly games.

------
DaUR
I really appreciate the transparency. This is something you don't usually see
accompany government decisions. All government decisions, laws and regulations
should be accompanied by a list of what the decision is supposed to
accomplish, and then the media can check whether the decision was effective.
Better for democracy.

> Why We Are Temporarily Suspending Premium Processing for H-1B Petitions

> This temporary suspension will help us to reduce overall H-1B processing
> times. By temporarily suspending premium processing, we will be able to:

> Process long-pending petitions, which we have currently been unable to
> process due to the high volume of incoming petitions and the significant
> surge in premium processing requests over the past few years; and

> Prioritize adjudication of H-1B extension of status cases that are nearing
> the 240 day mark.

------
randomname2
Summary of why it's temporarily suspended:

"This temporary suspension will help us to reduce overall H-1B processing
times. By temporarily suspending premium processing, we will be able to:

Process long-pending petitions, which we have currently been unable to process
due to the high volume of incoming petitions and the significant surge in
premium processing requests over the past few years; and

Prioritize adjudication of H-1B extension of status cases that are nearing the
240 day mark. "

~~~
klipt
> Process long-pending petitions, which we have currently been unable to
> process due to the high volume of incoming petitions and the significant
> surge in premium processing requests over the past few years

You'd think the $1,225 paid for every premium processing request would allow
them to hire more people to tackle the backlog, but I guess not, maybe they
just reroute that money elsewhere :P

~~~
woofyman
>hire more people

There's a federal hiring freeze.

~~~
klipt
The premium processing service has been around for years, most of the time
there isn't a hiring freeze.

I guess if they were planning to use the premium processing fees to hire a
bunch of extra people for the April application deadline the hiring freeze
will stymie that, which just shows how stupid a general hiring freeze is.

~~~
Eyas
Growth in volume/demand. They probably did hire more people over time, but
needed to hire more since January to meet current deadlines. Since the freeze
has been in effect for a few months now, that probably had a detrimental
effect on their ability to adapt to any increased volume.

------
rrggrr
The insanity of the immigration debate is the amount of jobs that will be lost
to automation, consolidation and decreased domestic investment. The wage gains
and skill gaps that will result from decreased immigration (legal or illegal)
are going to force companies to alternatives. Yes, wages will rise. Yes, there
will be investment in retraining and rehabilitation of un(under)employed. It
will not be enough.

Its popular with Trump's base, and I support some of Trump's policies. It may
even prove to be a price worth paying for a short time. Long run its pure
stupidity.

~~~
nojvek
There's always the opportunity cost. What if the next Steve Jobs, Sergey, page
or any number of immigrants who started successful companies don't come to US
but go somewhere else.

Making the world scared of coming to US can have irreversible effects.

~~~
briandear
Steve Jobs wasn't an immigrant. Using Steve Jobs as some kind of H1B argument
is silly. This is a false equivalency. H1 visas are not about importing the
next Sergey; the vast, vast majority are about filling skilled jobs at lower
wages than the current supply of workers in the US would support. Some world
renowned robotics or AI engineer doesn't need an H1, s/he can apply for an EB
visa. H1 visa restrictions aren't 'harming' anyone except companies that want
to pay less than the US market currently would support. The evidence is the
firing of employees at San Francisco State University in order to outsource
the work to cheaper foreign labor. In San Fran State's case, there isn't a
shortage -- they actually fired qualified experienced people. Thus the
'solving shortages' argument is practically bullshit. The 'shortage' exists
when the desired wage is lower than the supply of those willing to work for
that wage. Pretending that H1 is going to bring in the next Sergey et al --
that's just hyperbolic nonsense not supported by the statistics. The next
Sergey isn't coming in on an H1 with Infosys -- ultra improbable.

The EB-1 visa is designed for the future Sergeys and it's an entirely
different category than H1s. Then there is the EB-2 for the highly educated
and are employment based. Finally there is the EB-3 for highly skilled
immigrants.

H1b visas are for TEMPORARY, NON-Immigrant, workers in a specialty occupation.

Considering this is Hacker News, it suprising how immigration and H1 seem to
be conflated almost every time H1 is discussed. If people want to immigrate to
the US, an EB is the appropriate visa for highly skilled workers. Those using
the H1 as a backdoor to a green card are essentially committing fraud if their
intent when getting the H1 is to ultimately qualify for permanent residency. I
would argue that an H1 should never be granted residency but instead an
appropriate EB visa applied for instead.

~~~
literallycancer
The EB-1 requires that the person is already successful. But why would such a
person come to the US? There are better places to live, once you have enough
money.

~~~
ejanus
Borland, Musk, and a host of others moved in as successful people.

------
boca
In some states, the validity of the Driver's License (DL) is aligned with the
H1-B petition expiry date and I am in one of those states. My current petition
expires in 4 months. Ideally my employer would have applied my H1-B extension
under premium processing so that I am not without a valid DL but with this new
rule, we'd have to go with regular processing and wait for the approved
petition before I can get my DL extended meaning I'll be without a valid DL
for some time which is a real pain. Ideally DMV should extend the DL based on
the receipt for the petition but a lot of states, including the one where I
am, don't do that.

------
hatred
Can anyone shed more light on what happens in the following scenario:

You get terminated/leave your current job and activate the new 60 day grace
period to find a new job. Provided that a H1B transfer to a new employer can
take more than 60 days now. Does one need to leave the country forcefully?

~~~
pavanky
You can continue working for the new company from the moment they apply for
the H1B transfer. But there are a few companies that do not allow this.

~~~
usernametbd
But the only problem is, if you are already terminated, you shouldn't apply
for a H-1B transfer. It would be like applying fresh, except you don't have to
go through lottery. And also because this is a new visa, you are not qualified
to work based on the H-1B portability rule either. So you have to wait until
it is approved before you join the new company.

~~~
hatred
I recall that there had been a new ruling (Jan 17) on this though limited to
people with an approved I140 petition. This ensures that your petition remains
valid and you are eligible for a transfer even if your existing employer
withdraws your petition. That should hopefully provide some respite for people
who were terminated.

[https://www.uscis.gov/news/news-releases/uscis-publishes-
fin...](https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-
certain-employment-based-immigrant-and-nonimmigrant-visa-programs)

------
rurban
> "Why We Are Temporarily Suspending Premium Processing for H-1B Petitions

> This temporary suspension will help us to reduce overall H-1B processing
> times.

Yes!

------
awa
> This temporary suspension will help us to reduce overall H-1B processing
> time

Overall, This is good. A lot of "regular" cases are stuck in backlog (see:
[http://www.aila.org/infonet/processing-time-
reports/csc/2017...](http://www.aila.org/infonet/processing-time-
reports/csc/2017/csc-processing-time-report-02-28-17)). Ideally, you want them
to increase the workforce to handle all the cases but if that's not possible
this is the right response for the current situation.

------
jpollock
If your process is backlogged such that you cannot handle all traffic in a
cycle (covering peak and trough), refusing new traffic won't help and will
only add to the backlog.

~~~
shakehar
It does allow application of people who are stuck in the pipeline to be
cleared faster.Granting new H1-Bs is not the only thing that USCIS does.

~~~
jpollock
Yes, and puts them right back in the same situation this time next year. The
total amount of work remains unchanged.

------
muthukumarbose
Hi, I will be completing six year by September 2017. I am hoping to get my
I140 approved by June end. I was under the impression that H1B extension can
be done by premium processing so that I can stay beyond my six years. But this
is shocking news for me. My attorney is saying that even my H1B can't be filed
in premium. Is that true ? Please advise.

------
JumpCrisscross
What does "premium" processing mean?

~~~
untog
Basically it means that you get bumped up in the queue. Which when you think
about it is really a very odd feature to add to a government (i.e. non-profit
generating) service.

~~~
mywittyname
It's a good way to deal with scarcity. And scarcity is definitely an issue
when the government agency in question doesn't necessarily have the resources
available to them to actually perform at the level that they need to due to
funding and political football.

Paying a premium for expedited service is fine (I'm sure you've paid USPS a
few extra bucks to mail your package faster), but I do agree that it should be
applied judiciously.

~~~
briandear
The State Department has a similar service for expediting passports. It's
great because it lets people that actually need it fast to prioritize
themselves by paying more.

------
dreamer2017
My H1b petition got approved in January,2017. My questions are 1) Does this
affect stamping? 2) Does this affect premium processing for amendment?

------
98482058
Is it right time to swith employer(h1 b transfer)?

------
maplechori
Probably a good idea to look for work elsewhere while this administration is
in office.

------
joche
Is this supension for h1b new petitions or extensions as well?

------
sravya123
Does this suspension affect i-140 premium processing ?

------
sravya123
Does this suspension affect i-140 premium processing?

------
yogi1234
When the suspension will be effective?

~~~
chrisper
April 3rd

------
joche
Hi all, is this applicable to new h1b petitions or extensions as well?

------
sim0n
For anyone confused/concerned, the title of this thread is currently "USCIS
Will Temporarily Suspend Premium Processing for All Petitions" despite only
H-1Bs actually being affected. The title should probably be updated to clarify
it only affects one category (H-1B).

~~~
dang
Whoops that was our mistake. Meant only to take out the superfluous bit at the
end of "USCIS Will Temporarily Suspend Premium Processing for All H-1B
Petitions – USCIS" but somehow the H1-Bs got swept up as well.

------
mozumder
It would be a lot easier and economically beneficial to just have open
borders.

What would it take to turn Mexico and Canada into our 51st & 52nd states? So
there aren't border controls or inspections there?

~~~
SwellJoe
Convincing ~50% of Americans that Mexicans don't want to steal their jobs,
rape their wives/daughters, or give their kids drugs.

I'm on your team, but we've got a long way to go to get America ready for open
borders, even with our nearest neighbors that are longtime trading partners
and allies.

~~~
lutorm
You forgot convincing the _Mexicans and Canadians_ that they are better off
giving up their sovereignty... unless you planned on pulling a Hawaii.

~~~
arcticbull
You don't need to give up sovereignty for open borders. The EU model, recent
Trumpian behavior in the UK aside, works quite well. Freedom of movement and
of labor are good things, if you can convince people of it. Remember, borders
are just imaginary anyways.

~~~
aaron-lebo
Borders are imaginary as laws; doesn't mean they don't have a purpose.

~~~
kmonsen
Even more so, laws apply within borders. In a world with no borders which laws
apply?

~~~
arcticbull
The imaginary thing was just an aside, my point was that rule of law and
sovereignty can remain (and should, IMO) even with open borders in the
immigration sense. I view 'countries' as experiments in human self-
organization -- the more the merrier up to a point.

European nations are able to retain both language and national identity in
spite of freedom of movement.

~~~
ptaipale
The EU leadership seems to have a problem with that, and is actively working
against nations having a national identity, spending tax money to do this.

And this is why open borders are becoming increasingly unpopular in Europe.

------
justicezyx
“The bureaucracy is expanding to meet the needs of the expanding bureaucracy.”

― Oscar Wilde

~~~
johncolanduoni
By saying "no, we don't want your money"? Really not seeing the application of
that quote here.

~~~
tn13
The money you pay barely matters to USCIS. However this move directly helps
those who are importing cheap labor.

~~~
johncolanduoni
Okay, but where is the expansion of the bureaucracy for its own sake? Or any
expansion at all?

~~~
justicezyx
Wasn't it obvious that USCIS has not utilized modern technologies to boost
efficiency, but use its own inefficiency to boost its size?

Any decent large corporation of this size should handle a large number of
customers with ease. That number, I guess, would be orders magnitude more than
USCIS' incoming requests. You may argue the case for USCIS is more
complicated. Granted that, I still think the amount of work is much larger
than USCIS.

[1] "USCIS consists of 19,000 federal employees and contractors working at 223
offices around the world."
[https://en.wikipedia.org/wiki/United_States_Citizenship_and_...](https://en.wikipedia.org/wiki/United_States_Citizenship_and_Immigration_Services)

------
tn13
Wolf in the sheep's clothing. When GovernMint says something you should look
for whats hidden in the policy.

1\. So if I want to change companies now I have to wait for few months to get
the new petition in hand. Tell me I can't travel to my home country during
this period!

This is essentially friction to job changing. This is clearly against the
current administration's policy of Murica first and no to cheap labor.

2\. On OPT ? Wait for unknown period of time to know if H1B gets picked in
lottery or if it gets approved. Better go home.

3\. So far FB, Google etc are always happy doing premium processing where as
cheapo Indian companies avoided it. This is another big boost to cheap labor
importers.

~~~
awa
Frankly, premium processing is abused. I recently switched jobs and just
needed a transfer application acknowledgement to start the new job, however,
the company offered to pay for premium processing and I gladly took it.

Honestly, they should raise the prices to $5000 with exceptions for financial
hardships(they already have this) to weed out non-essential usage of premium
processing.

~~~
praneshp
"I recently switched jobs and just needed a transfer application
acknowledgement"

There is nothing called H1b transfer. It's a brand new application with some
extra features like no lottery, no wait-till-Oct1, etc.

IMO, all H1b fees should be increased by $5000 and processed in 15 days.

