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In the United States, employers can apply for H-1B Visas. This visa allows employers to temporarily employ foreign workers in speciality occupations. This is an extremely popular option and there are only a limited number of these visas allocated each year. As a result, some employers turn to premium processing. Read on and speak with our experienced employment immigration lawyer in NYC to learn more about the premium processing option for H-1B Visas.

What is considered a specialty occupation?

A specialty occupation requires a theoretical and practical application of a body of highly specialized knowledge in a certain field. According to USCIS, some of these fields include biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts. These jobs also require the attainment of a bachelor’s degree or its equivalent. The worker sponsored by the H-1B visa must possess a bachelor’s degree or its equivalent. Additionally, the employer must normally require a bachelor’s degree or its equivalent for the position.

If you are unsure whether your position would qualify for an H-1B visa, be sure to consult an experienced immigration law attorney.

What is Premium Processing?

Premium processing is also known as expedited proceeding. This means that the United States Citizenship and Immigration Services (USCIS) guarantees that they will take action on your case within a certain amount of time. However, not everyone is eligible for premium processing.

Who is Eligible for Premium Processing?

First of all, it is important to note that a fee is required in order to be eligible for premium processing. This fee is approximately $2,500. While this fee may sound steep, it can result in action being taken on your case within 15 days of receiving your petition. Be sure to note that, this associated time period can only begin once you submit a completed Form I-907, Request for Premium Processing Service, at the correct filing address, with the correct filing fee. If everything is done correctly, depending on your situation, the USCIS will take the following actions:

  • issue an approval notice
  • issue a denial notice
  • issue a notice of intent to deny
  • issue a request for evidence
  • open an investigation for fraud or misrepresentation

To ensure that you submit the proper information, fees, etc. be sure to consult with an experienced immigration law attorney.
It is important to note that if action is not taken within the allotted amount of time, your $2,500 processing fee will be returned.
While this may seem like a simple process, it is imperative that you work with an experienced immigration law attorney. Even small mistakes can result in major delays in the process and even fines.

Our firm is here to walk you through all of your immigration matters. Contact us today to speak with an experienced and skilled attorney in New York.