H1B Visa Attorney – USCIS Advises on Priority Adjudication of H-1B Cap-Subject Cases

Many attorneys and clients who filed H1B cases in April 2010 are still waiting for decisions on their cases. This process has become very frustrating for employers waiting for employees to start working, as well other related issues. Why is this happening? We have no clear answer. But the American Immigration Lawyers Association was able to get some clarifications today.

USCIS has advised AILA that the Vermont Service Center and the California Service Center will begin prioritizing the adjudication of pending cap-subject H-1B petitions in an attempt to bring their processing times within 60 days as soon as possible. Cases will continue to be adjudicated in the order received.

USCIS has informally advised AILA that it will prioritize the adjudication of H-1B change of status cases for F-1 cap-gap students who are otherwise prohibited from continuing employment after September 30. AILA Liaison has been coordinating with USCIS to help achieve this outcome. While AILA has been collecting lists of these cases, AILA have been advised that USCIS has the means to independently verify them.