What is Premium Processing?
Premium processing is a service offered by the United States Citizenship and Immigration Services (USCIS) that expedites the processing of certain employment-based visa petitions, including the H1B visa. By paying an additional fee, petitioners can have their cases adjudicated within 15 calendar days. This service is particularly beneficial for individuals who need quicker decisions for employment or travel plans.
What Does “Premium Processing Clock Was Stopped for My Case” Mean?
When the USCIS stops the premium processing clock, it means that the 15-day countdown for processing your case has been temporarily halted. This interruption can occur for various reasons, which we’ll explore further.
Reasons for Stopping the Premium Processing Clock
- Request for Evidence (RFE):
- One of the most common reasons for stopping the premium processing clock is the issuance of an RFE. If the USCIS requires additional information or documentation to decide on your case, they will issue an RFE. The clock stops on the day the RFE is issued and resumes once the USCIS receives your response.
- Notice of Intent to Deny (NOID):
- Similar to an RFE, a NOID is issued when the USCIS intends to deny the petition based on the information provided. The premium processing clock stops when a NOID is issued and will restart once the USCIS receives your response.
- Administrative Processing:
- In some cases, further administrative processing may be required. This could involve additional security checks or internal reviews, causing the clock to stop temporarily.
- Petitioner’s Request:
- The petitioner (employer) can request to withdraw or amend the application. If changes are requested, the processing clock will stop until the USCIS has the updated information.
Impact on H1B Applicants
For H1B applicants, especially those relying on premium processing for quick adjudication, the stoppage can cause delays and uncertainty. This is particularly significant for individuals awaiting H1B transfers or extensions, as their employment status and work authorization might be contingent on the timely processing of their petitions.
Case Scenarios
H1B Initial Petition
If you filed an initial H1B petition under premium processing and received a notification that the clock has stopped, it’s crucial to understand the reason. Typically, it would be due to an RFE or NOID. Responding promptly and thoroughly to the USCIS’s request can help minimize further delays.
H1B Transfer
For H1B transfers, where an employee is moving from one employer to another, the stoppage of the premium processing clock can impact the start date with the new employer. The transferring employee might need to wait longer before commencing their new role if the USCIS requires additional information.
H1B Extension
When extending an H1B visa, any delay caused by the stoppage of the premium processing clock can affect the employee’s ability to continue working legally if their current status is expiring soon. Understanding the reason for the delay and responding swiftly to any USCIS requests is vital in such cases.
Conclusion
While the stoppage of the premium processing clock can be frustrating and cause delays, it’s essential to stay informed about the reason behind it and respond promptly to any requests from the USCIS. Whether dealing with an RFE, NOID, or any other administrative issue, timely action can help ensure your H1B petition moves forward as quickly as possible once the clock resumes.
If you find yourself in this situation, consider consulting with an immigration attorney to navigate the complexities and ensure all required information is provided to the USCIS efficiently. This can help minimize the impact of the premium processing clock stoppage and aid in securing a favorable outcome for your H1B application.
FAQs
1. What is the premium processing clock for H1B visas?
The premium processing clock refers to the 15-day period within which the USCIS guarantees to process certain H1B visa petitions when the premium processing service is requested and paid for.
2. Why was the premium processing clock stopped for my H1B case?
The premium processing clock can be stopped for various reasons, including the issuance of a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or if further administrative processing is required. The clock may also stop if the petitioner requests changes to the application.
3. What is a Request for Evidence (RFE)?
An RFE is a request from the USCIS for additional information or documentation needed to decide on your H1B petition. The premium processing clock stops when an RFE is issued and resumes when the USCIS receives your response.
4. How does a Notice of Intent to Deny (NOID) affect premium processing?
A NOID indicates that the USCIS intends to deny your petition based on the information currently available. The premium processing clock stops when a NOID is issued and will restart once the USCIS receives your response.
5. What should I do if the premium processing clock is stopped?
If the clock is stopped due to an RFE or NOID, respond promptly and thoroughly to the USCIS’s request for additional information. Consult with an immigration attorney if needed to ensure a complete and accurate response.
6. How long will it take for the premium processing clock to restart?
The premium processing clock will restart as soon as the USCIS receives the requested information or documentation. The remaining days of the 15 days will then continue to count down.
7. Can I expedite the restart of the premium processing clock?
You can help expedite the process by responding quickly and entirely to any USCIS requests. Ensure all required information and documentation are provided to avoid further delays.
8. Will the premium processing fee be refunded if the clock is stopped?
If the USCIS fails to process your case within 15 days due to reasons within their control, they may refund the premium processing fee. However, stoppages due to RFEs, NOIDs, or administrative processing are typically not grounds for a refund.
9. Does the stoppage of the premium processing clock affect my H1B transfer or extension?
Yes, stoppage can delay the adjudication of H1B transfers or extensions, potentially impacting your employment start date with a new employer or your ability to continue working legally if your current status is expiring soon.
10. Should I consult an immigration attorney if the premium processing clock is stopped?
Consulting an immigration attorney can be beneficial in understanding the specific reasons for the stoppage, preparing a thorough response to the USCIS, and navigating any complexities that arise in the process.