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H-1B Expedited Processing Applications Eliminated

Foreign workers have been allowed to temporarily come to the United States to find employment opportunities under what is known as an H-1B visa. This visa is highly coveted and selective, as only 65,000 people are accepted into this program each fiscal year. Those who wish to apply for this application will be able to do so starting on April 3, 2017, to work in the United States for the 2018 fiscal year. It is important to be aware of the recent changes that have been made to the laws surrounding H-1B visa applications.

One of the programs that applicants can pay extra for when submitting an H-1B visa application is “premium processing.” The applicant pays an additional fee of $1,225 and then their application is assessed within 15 days of its submission. Since applicants are chosen by a lottery system, this allows applicants to be put into the system sooner and have a higher chance of being selected. This expedited process is no longer available under the Trump Administration’s changes to the law. President Trump has ruled that even though applications can be submitted as early as April 3, 2017, they will not be reviewed until six months from the date of the application submission in order to assist the United States Citizenship and Immigration Services in catching up on the applications they have already received.

Opponents o the change say that it will only delay applications further and that foreign workers and students may face significant negative implications. For example, if a foreign national is studying in the U.S. on a student visa, they may want to work in the U.S. upon graduation. However, they may have to go back to their national country while they wait for their H-1B visa to be reviewed.

Only time will tell what the true implications of these changes are. If you have questions, contact an experienced immigration attorney today.

If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance.