H-1B Petition Mailing During Cap Season

Please Note: Many of these questions are affected by the 3-19-08 press release regarding the interim final regulation on H-1B visas. Under the interim final regulation, if USCIS receives a sufficient number of petitions to satisfy the cap at any time during the first five business days on which petitions for the upcoming fiscal year may be received, all cap-subject petitions received during the first five business days will be included in the random-selection lottery.

Stakeholders should anticipate that there will be sufficient cap-subject H-1B petitions filed for the H-1B cap to be met on April 1, thus triggering the regulation that includes all petitions filed on April 1st though April 7th.

Question 1. Will the California Service Center and Vermont Service Center be accepting deliveries from courier services (e.g., DHL, FedEx, UPS, other approved couriers, etc.) throughout the day on April 1 though April 7?
Answer: Yes. USCIS will accept deliveries through close of business from April 1-7, 2008, based on the recent press release. Close of business means 5:00 pm local time at the location of the Service Center. However, on the last day (April 7, 2008), USCIS will accept deliveries from couriers until 7 pm local time.

Question 2. During what hours will California Service Center and Vermont Service Center be accepting deliveries from courier services (e.g., DHL, FedEx, UPS, other approved couriers, etc.) on April 1 through April 7?
Answer: USCIS will accept deliveries from 6 am through 5 pm, local time. However, on the last day (April 7, 2008), USCIS will accept deliveries from couriers until 7 pm, local time.

Question 3. How will USCIS handle petitions filed via U.S. Postal Service (USPS)? If a petition is delivered to the P.O. Box designated by the USCIS on April 1 through April 7, will USCIS treat those petitions as timely filed and include thim in the random selection process?
Answer: USCIS does not consider the package received or timely filed until it is actually on-site at the Service Center. The service centers pick up correspondence delivered to the P.O. Box at one or more scheduled times during the day. Therefore, while customers may file applications by USPS at the P.O. Box, delivery to that P.O. Box does not ensure that the filing will be picked up by the USCIS the same day it is placed in the P.O. Box by the USPS, and thus, will not be considered timely filed.

Question 4. Will the California Service Center and the Vermont Service Center accept as timely filed a cap-subject H-1B petition that is aboard a delivery truck and in line for delivery prior to the time that the Service Centers stop accepting deliveries.
Answer: If at 7 pm on April 7, 2008 there are still trucks attempting to deliver packages, the Service Centers will work out a process to get those packages into the system.

Question 5. What are the accepted methods of delivery of petition packages to the Service Centers?
Answer: Due to security concerns packages are only accepted using the specific delivery methods noted below. Attempted delivery by any other method will result in rejection of the petition package.The following delivery methods are acceptable:

• United States Postal Service
• Private Couriers that are bonded (eg. DHL, Federal Express, United Parcel Service.)

Common mistakes are packages that filed using the following methods:

• Hand delivered to the Service Center
• Sent via taxi cab to the Service Center
• Sent via private courier that is not bonded

Q : If I filed before the new fee change and my application is rejected, do I need to pay the new higher fee?

Yes, unless USCIS rejected your application in error. If you think your application was rejected in error, please resubmit your original application, your original check or money order, the cover letter that was included with your returned application, and an explanation of the reason why you believe the rejection was in error. The resubmission should be sent to the address indicated on the rejection notice and marked "Attention: CRU."

Last updated: 01/16/2008

Q : How is USCIS addressing these delays?

USCIS has realigned resources to eliminate the receipt delay as quickly as possible so it can focus on processing applications. This effort includes increasing the number of contract employees and employing significant overtime and shift work. USCIS also has temporarily detailed staff to centers that have been affected the most by the large influx of cases.

USCIS also is extending the use of the Chicago Lockbox to receipt I-130 applications. USCIS is also hiring an additional 1,500 employees to address the processing of these cases.

Q : When can I expect USCIS to process my case?

USCIS processes applications in the order they are received by application type. Due to the significant increase in the number of applications filed, processing times have been affected. As a result, average processing times for certain application types filed after June 1, 2007, may become longer. For example:

• Naturalization applications may take approximately 16-18 months to process;
• Family-based adjustment of status applications may take 10-12 months; and
• Immigrant petitions for relatives and workers may take 9-10 months.

Application processing times are accessible from the USCIS.gov homepage. Processing times are an estimate of how long it will take to complete your case. Each case is different, and some cases may take longer to process than others. You can use your receipt (I-797) to check the status of your case using Case Status Online. Please note that USCIS will only process requests for case status information if it is beyond posted processing times. We encourage you to check processing times, which are updated monthly, before inquiring about your case.

Last updated: 01/16/2008

Q : What caused USCIS' application receipt and processing delays?

USCIS received a significant increase in filings from customers who sought to take advantage of the lower fees that were in effect prior to the agency's planned July 30, 2007, fee increase and because of an influx of applications associated with visa availability in the July 2007 Visa Bulletin. This resulted in a magnitude of applications and fees that exceeded USCIS' ability to timely issue receipts, deposit application fees and process applications within the agency's planned timeframes.

Last updated: 01/16/2008