What to Expect and When to Expect it this H-1B Adjudication Season
USCIS has completed selecting the 85,000 H-1B petitions to be adjudicated for approval for cap-subject petitions for FY 2020.
Those selected that filed for premium processing may begin receiving notice this week as to their approval status with the anticipated date of completion set at June 4th. Case adjudication for those who did not file under premium processing will begin early to mid-June and often takes months. Last year, adjudication for FY 2019 – which began October 1st, 2018 – extended into the 2019 calendar year.
If you are unsure of whether or not your case was selected, check the account activity on the account of the check written for the H-1B processing fee. If it has been cashed, your case was selected in the lottery.
When notice arrives of the status of the case, do not be alarmed if you receive an RFE or Denial. This is NOT the end of the road. Over the past few years the prevalence of H-1B RFEs spiked, especially for beneficiaries working entry-level positions, working as computer programmers, and working at wage level one. This year, USCIS adjudicators have been given the authority and encouragement to deny petitions outright without first issuing an RFE. This may lead to a spike in Denials instead of RFEs. Either way, they are possible to overturn and get the visa approved in time to get to work for FY 2020.
If you expect an RFE or Denial is coming this H-1B adjudication season, you can better prepare to defend your case, or your employee or client’s case. You will need a detailed credential evaluation that takes the job, the visa, USCIS approval trends, and any issues found in the case into consideration. You will also need documentation that details the demands, duties, tasks, and responsibilities of the job, and a detailed breakdown of employer and industry hiring practices with regards to minimum qualifications for the position in question. Finally, you will need an expert who works IN THE FIELD rather than just teaches it to write an opinion letter that ties the evidence you have provided together. First and foremost, however, you will need to take an honest look at your case, or your employee or client’s case and identify what might attract scrutiny by USCIS that could result in a visa Denial.
At TheDegreePeople.com, we work with RFEs and Denials every year. We understand what triggers them and we know how to successfully respond to them. For a free review of your case, or your employee or client’s case visit ccifree.com/. We will get back to you in 48 hours or less.