H1b visa premium processing is suspended

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IMvrach

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The program where I matched sponsors H1B visa for me. I got a generic letter from the lawyer retained by the program, and it says that H1B processing takes up to 5 months, unless I pay $1300 for "premium processing". I emailed our PC and she replied that the program does not cover "premium processing" but if I apply "now", regular processing is fine. I had everything ready, so I applied last week using regular processing.

After submitting, I did a brief search and did not find even a single case of H1B being processed in 2 months - we have orientation in mid-June. Does it usually takes shorter for physicians? The data I found on the Web concerned IT professionals. If it's impossible, I cannot understand why she replied in writing that I do not need premium processing? This program regularly takes IMGs, so she must know. I would have paid for it, if told it was necessary, but I am not that rich to waste $1300 if I am told explicitly it's not needed. :confused:

Any success stories with H1B regular processing and starting residency on time?

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you are not allowed to pay for it, your hospital is responsible for paying for H1b fees including premium processing. really it depends when they start the process, if you get everything done quickly you should be fine, and if you are unable to start on time again, they should factor that in. not everyone is able to start on time.
 
Thanks for your response.

The program is not legally required to pay for "premium" processing, just for regular.

I submitted everything last week. I have a note from PC that it's OK to go on with "regular", which is kind of an excuse, but I would much prefer to arrive on time, so probably will have to "sneak" on "visitor's visa" I have in the end.

I really hope the PC was right, but looking online, this "regular" service seems useless even if everything was ready in advance(at least for IT jobs. And there is no way to check expected processing time/application status :confused:

you are not allowed to pay for it, your hospital is responsible for paying for H1b fees including premium processing. really it depends when they start the process, if you get everything done quickly you should be fine, and if you are unable to start on time again, they should factor that in. not everyone is able to start on time.
 
You should be able to track you case online if the hospital provides you with your case number (I think they receive this from USCIS a week or two after your application is sent). Also, the processing times at the service centres are available at the UCSIS website (https://egov.uscis.gov/cris/processTimesDisplayInit.do) and are currently at 2 months so you are probably in good shape.

I am not a resident but I do have a hospital sponsored H1b visa. My first one (2009) only took about 2 weeks to be approved, while my second one (last year) took about 2 months.

I don't think you will be allowed to start actually working without the visa approval so coming in on visitors if its late wouldn't really work, although it would probably work to at least get settled in the community and get acquainted with your department, even if you couldn't officially start. Also, I think you can change to premium processing during the application status so if at the end of may you haven't seen a change, you might be able to expedite it (at least that is what my hospital told me but I never even came close to having to do that).
 
Thanks for the info, jordi. So I have a chance to have an H by July 1 and will probably use a visitor's visa in order to come for an orientation in June, if an H is not ready by then.
 
Hi IMvrach,

I am facing a similar situation. I matched in pgm that is IMG friendly and is sponsoring H1B visa for me. I sent my documents to the lawyer almost 10 days back, soon after hearing from the pgm after match results, and was told at that time( by the lawyer) that if I need i can go in for premium processing. I was surprized!! I thought I was way too early than most of the applicants and had everything ready and still I am being advised to go fo premium which my pgm doesnt sponsor.

I dont know what to do?
 
You can add "premium" later, if necessary. Though in my case adding it later will result in $100 fine, in addition to $1300 premium fee.

The fact that you sent your documents 10 days ago doesn't mean your lawyer submitted the petition. They can be slow. And if not, April 1st is the date when H1b caps are reset, so expect slower regular processing. Also, you should take into account waiting times for visa interview appointments, after your petition is approved. Did you ask your program if they think it's OK to submit using regular? They told "it's fine" to me...

Besides, you should be aware that with H1b you can't enter more than 10 days ahead of July 1, so if you are abroad, it's likely you will not be able to attend orientation, even if you have visitor's visa. With J1 you can enter 30 days in advance AND you can legally enter even earlier, if you have B2.

If not the crap with having to renew J1 every year, making it complicated to attend conferences etc, I would have just opted for it. So less hassle. Can see why programs hate an H.

Hi IMvrach,

I am facing a similar situation. I matched in pgm that is IMG friendly and is sponsoring H1B visa for me. I sent my documents to the lawyer almost 10 days back, soon after hearing from the pgm after match results, and was told at that time( by the lawyer) that if I need i can go in for premium processing. I was surprized!! I thought I was way too early than most of the applicants and had everything ready and still I am being advised to go fo premium which my pgm doesnt sponsor.

I dont know what to do?
 
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Even if you are approved in July, you cannot commence work until October as per USCIS regulations of H1B. Am I missing something here?
 
you are not allowed to pay for it, your hospital is responsible for paying for H1b fees including premium processing. really it depends when they start the process, if you get everything done quickly you should be fine, and if you are unable to start on time again, they should factor that in. not everyone is able to start on time.

Not sure where you got this info. Petitioner's are of course allowed to pay for their own applications.
 
I am not a resident but I do have a hospital sponsored H1b visa. My first one (2009) only took about 2 weeks to be approved, while my second one (last year) took about 2 months.

I don't think you will be allowed to start actually working without the visa approval so coming in on visitors if its late wouldn't really work, although it would probably work to at least get settled in the community and get acquainted with your department, even if you couldn't officially start. Also, I think you can change to premium processing during the application status so if at the end of may you haven't seen a change, you might be able to expedite it (at least that is what my hospital told me but I never even came close to having to do that).

2009 probably had faster processing times b/c of state of US economy at the time. Things are different today. You are not allowed to start work until October 1st, irregardless of approval date.
 
Not sure where you got this info. Petitioner's are of course allowed to pay for their own applications.

the petitioner is your employer, not the employee. my understanding is the employer is responsible for paying all costs associated with the visa. im not sure if this extends to premium, but the actual H1B application has to be payed for by the employer. technically no one would know if it was you, but it's not legal. certainly i never had to pay the premium processing, and i'm not paying this year either my program is. they are cheap enough to make us pay for our licences, so my guess is that they would make me pay for the premium processing if it were allowed (they do everything by the book, but not all programs are that legit)

OP, would deffo go for premium processing. that is what my program has been advised to do even for me, and mine is just a renewal.
 
I guess, some programs are cheaper:) I've seen somewhere that an employer is required to pay the premium fee unless it was necessary due to employee's personal circumstances. But it was some lawyer's interpretation and I definitely don't want to argue too hard about this. Just hope if it's not ready in time, they will pay the fee.

the petitioner is your employer, not the employee. my understanding is the employer is responsible for paying all costs associated with the visa. im not sure if this extends to premium, but the actual H1B application has to be payed for by the employer. technically no one would know if it was you, but it's not legal. certainly i never had to pay the premium processing, and i'm not paying this year either my program is. they are cheap enough to make us pay for our licences, so my guess is that they would make me pay for the premium processing if it were allowed (they do everything by the book, but not all programs are that legit)

OP, would deffo go for premium processing. that is what my program has been advised to do even for me, and mine is just a renewal.
 
It appears that the employer needs to request premium processing, but the fee can be paid by anyone. From USCIS's website:

Can the beneficiary of a visa petition seek Premium Processing Service?

No, except in cases where the petition is eligible to be filed as a self-petition (i.e., the petitioner and the beneficiary are the same). Otherwise, only the petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the petitioner, may request Premium Processing Service for a designated petition. The petitioner, attorney or representative, or beneficiary may pay the Premium Processing Service fee, but the beneficiary cannot sign or file the Form I-907.
 
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It's purely theoretical - one commonly ends work suing his employer, not starts :), but I could not find the actual law governing the fees and USCIS's site is just an interpretation which might miss some details. For example:

http://redbus2us.com/h1b-visa-2013-filing-fee-should-you-pay-for-h1b-cost/

Premium processing fee (Optional) $1,225 Optional fee. Either employer or You.
If you bear it, the employer has to demonstrate to DOL that it was expedited due to your personal reasons.



It appears that the employer needs to request premium processing, but the fee can be paid by anyone. From USCIS's website:
 
So no response on that one previous poster saying they started in July? From everything I've read, H1B start dates must be in October.
 
It's July, not October. Do you think programs are reluctant sponsoring H1B because people on them always start 3 months late?

So no response on that one previous poster saying they started in July? From everything I've read, H1B start dates must be in October.
 
So no response on that one previous poster saying they started in July? From everything I've read, H1B start dates must be in October.

Non-profits and academic-affiliated institutions are exempt from the October start and are also exempt from the cap limiting the number of H1Bs for the country. My H1B started the day my OPT ended (July).
 
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Non-profits and academic-affiliated institutions are exempt from the October start and are also exempt from the cap limiting the number of H1Bs for the country. My H1B started the day my OPT ended (July).

Understood, thank you for the clarification. So H1Bs for physicians are less scrutinized than other applicants?
 
Understood, thank you for the clarification. So H1Bs for physicians are less scrutinized than other applicants?

I wouldn't say physicians are less scrutinized. The cap exemption is based on the institution, not the profession of the worker. So a social worker or physical therapist working at a teaching hospital, or someone working at any non-profit research organization (medical or anything else) would be exempt from the cap, but as far as I know, a physician who has completed residency and takes a job with a private group would not be exempt (not 100% sure on that).
 
I did a search in ".gov" domain regarding who must pay H1B "premium processing" fees and it seems it MUST be an employer, unless there are personal reasons:

http://www.azdhs.gov/hsd/workforce/conferences/documents/r-r-forum-2013/Physician-Recruitment-through-the-AZ-J1-Visa-Waiver-Program-Ana-Roscetti.pdf
"If you bear it, the employer has to demonstrate to DOL that it was expedited due to your personal reasons".

Checking dol.gov site it was confirmed: it's illegal for the program to require payment of premium processing fees as this would result in H1B resident having
lower salary than other residents in the program:
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62H.pdf

As USCIS site indicates, it is not strictly illegal: a petitioner can require a beneficiary to pay premium processing fees only if deducting them will not result in salary to become lower than the prevailing wage. This clearly does not apply to GME programs.

So let's assume an incoming intern can show one's petition was ordinary, took normal processing times and it was submitted without any delay on interns part, yet the regular processing was not complete by July 1. Then it would be illegal for the intern to pay the fee.

It seems the three options for the program would be: wait till the visa is ready, pay the premium processing fee, or request a NRMP waver solely based on their policy not to pay premium processing fee. Not sure if the later is legal though.

It appears that the employer needs to request premium processing, but the fee can be paid by anyone. From USCIS's website:
 
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I did a search in ".gov" domain regarding who must pay H1B "premium processing" fees and it seems it MUST be an employer, unless there are personal reasons:

http://www.azdhs.gov/hsd/workforce/conferences/documents/r-r-forum-2013/Physician-Recruitment-through-the-AZ-J1-Visa-Waiver-Program-Ana-Roscetti.pdf
"If you bear it, the employer has to demonstrate to DOL that it was expedited due to your personal reasons".

Checking dol.gov site it was confirmed: it's illegal for the program to require payment of premium processing fees as this would result in H1B resident having
lower salary than other residents in the program:
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62H.pdf

As USCIS site indicates, it is not strictly illegal: a petitioner can require a beneficiary to pay premium processing fees only if deducting them will not result in salary to become lower than the prevailing wage. This clearly does not apply to GME programs.

So let's assume an incoming intern can show one's petition was ordinary, took normal processing times and it was submitted without any delay on interns part, yet the regular processing was not complete by July 1. Then it would be illegal for the intern to pay the fee.

It seems the three options for the program would be: wait till the visa is ready, pay the premium processing fee, or request a NRMP waver solely based on their policy not to pay premium processing fee. Not sure if the later is legal though.

Thanks for the thoughtful response. Demonstrates that you are better off asking a lawyer these questions than some random person on the internet.

That said, if "Requesting an NRMP waiver" because you can't start on time due to delays in H1b visas is acceptable to the NRMP (which I think it might be), then that would seem to qualify for "your personal reasons" i.e. you don't want to get fired. Also starting off cycle is a pain for residents -- issues with fellowships down the line, missing orientation with your peers, etc -- so also possibly a personal reason. But, bottom line, quality programs should simply pay the whole cost of an H1b
 
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Hi everyone, this year USICS suspended Premium fees facility. If we match in a H1B sponsored programme, Would it be wise to opt J1 instead of H1?
 
I think programme committee would know how to handle this situation cause there are H1 specific programmes with no J1 at all.
 
This definitely sucks.Applying for H1B without the backup of "premium processing" is a big risk for programs , so they will be unwilling to sponsor H1. J1 shall prevail. :-/
 
Hi everyone, this year USICS suspended Premium fees facility. If we match in a H1B sponsored programme, Would it be wise to opt J1 instead of H1?

Depends on your needs, but I always suggest H1b over J1. Even if you return to your home country, H1b is no problem. If you end up on a J1 and decide later on that you want to remain in the US after residency, you will need to get the J1 waiver which will essentially limit your attending jobs to VA positions or positions in undesirable areas of the country. No such limitation with H1b. Plus if you're on a J1, even if you get married to a US citizen you still cannot adjust to permanent residency until you either leave the country for 2 years or get a waiver.
 
On a separate note, suspending premium processing is gonna create havoc for a lot of companies, but at least the USCIS has given us 1 month of notice! Could have been much worse, given the current administration....
 
Do programs usually use premium processing for new applicants to residency programs?

If not, how long does it take to process H1b visas for newly hired residents if it is just regular processing historically?

Im worried about this bec im waiting anxiously for next week's match.

@PistolPete any advice?
 
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Do programs usually use premium processing for new applicants to residency programs?

If not, how long does it take to process H1b visas for newly hired residents if it is just regular processing historically?

Im worried about this bec im waiting anxiously for next week's match.

@PistolPete any advice?

Usually GME don't need to sponsor incoming new h1b for premium processing since most GME's only do h1b for international residents from US med schools who get OPT for all of first year of residency, so there is no rush for them. But if you have extenuating circumstances then of course run it by them. Usually wait is 2-6 months or so without premium processing but it varies.
 
Usually GME don't need to sponsor incoming new h1b for premium processing since most GME's only do h1b for international residents from US med schools who get OPT for all of first year of residency, so there is no rush for them. But if you have extenuating circumstances then of course run it by them. Usually wait is 2-6 months or so without premium processing but it varies.

Hi! thank you for the reply! I would just like to clarify. Im an IMG needing visa sponsorship (h1b>j1). If I match next week and the hospital is willing to sponsor me with an H1b visa, how will the suspension of the premium processing affect me?

The bottomline of my question, I guess, is... is it common place for programs to use the premium processing if they will sponsor H1b visas? Because if they rely on this heavily, the suspension of the premium processing will heavily impact those needinh h1b visas before july 1st, right?

@PistolPete, will appreciate your reply. Thanks!
Anyone else with some answers? Thanks! :)
 
^ Awaiting the replies to mightyfruitfight.
 
No one really knows. In the end, it will be up to your program. All I can say is that once you match, get your paperwork completed ASAP.

What papers do IMGs need to provide to the program for H1B visas, if you are aware?
 
No one really knows. In the end, it will be up to your program. All I can say is that once you match, get your paperwork completed ASAP.

Hello, I have a question, please if you can help me with an answer. I am an IMG, and after reading tons and tons of posts I figured out that applying for residency on J1 can be more than dangerous. How do people manage to match on H1b? I understand that first of all program must be friendly about the H1B process and I think it's preferred for the program if the applicant will be paying the visa fees for lawyer it's understandable, but how do the applicant can know what visa he/she will be offered? Do the applicants mention that they need h1b while applying through eras, or does this happen on interview day? How do I know about H1b sponsorship before sending my rank list? J1 is deadly thing considering the fact that I will be applying only and only to surgery and I am more than sure that this will be classical pathway through prelim. Thank you.
 
You indicate in your application which visa(s) you're willing to take. Programs will often list their visa policy on their websites, but not always. It may also be listed in FREIDA, but that's not always accurate. And given Team Trump, policies may be changing.

When you interview at a program, what visa they will offer is a completely reasonable topic of discussion. It is expected to come up. So you'll know your visa options before rank lists are due.
 
Dear IMG friends!


USCIS announced to suspend H1B premium processing from April 3rd. However, most programs, rely this pathway to get their intern to start on time, and H1B visa is an important factor when IMGs make ranking order list. We hope everyone potentially affected by this announcement will join us to email ECFMG ASAP and get their attention and support for "expedited processing", which remains an option.


We should know several things about this issue and include them in our emails to ECFMG. Programs may not have strong incentive and/or capacity to push it forward. Given the recent NRMP email, which granted higher flexibility with waiver to programs, matched IMGs may lose the matched spot if we can’t begin our training on time due to delayed visa processing at USCIS.


1. We only have extremely limited time for us/programs to prepare and submit H1B application before April 3rd. Many states such as FL, IL, MA require a valid state license/training permit should be obtained and included in h1b visa application. This process may take 2 weeks to 2 months. Without expedite processing, it might take up to 2 months after Match Day to get a state license and then additional 6+ months for H1b visa via normal non-expedited processing.


2. USCIS will still provide expedited processing in limited situations (see original USCIS announcement, “Requesting Expedited Processing” part) if applicants can demonstrate that one or more of the some criteria have been met. No.4 criterion should be met given our work is related to patient care: 4) Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States. https://www.uscis.gov/forms/expedite-criteria


We therefore need support from ECFMG and programs to prove that our H1B visa application meets the criterion - social interests of the US, since many programs willing to sponsor H visa take care a lot of underserved patients and our work is related to patient care.


3. Without expedited processing, we may have to be forced to use J visa, which may not be feasible for IMGs from certain countries. A lot of IMGs rank their ROL based on programs' visa policy in the very beginning.


4. Early action is recommended to bring ECFMG’s attention to this. ECFMG will need time to communicate with NRMP, UCSIS, and programs regarding this issue. Waiting till the match day when results come out will potentially lose one week of time for ECFMG to handle it, and even H1b sponsoring - programs may begin to notify us to use J visa at that time.


We encourage IMGs who are potentially affected to email ECFMG at [email protected] to bring early attention to them. Feel free to use/modify the following email template.


--------------------------------------------------------------


Subject: Regarding suspension of H1b visa premium processing of USCIS and support for Expedited Processing


Dear Sir or Madam,


I am an IMG from XX country. My ECFMG id is XXX. I'm very concerned about the USCIS recent suspension of H1b premium processing. Most programs, especially those in underserved area, rely this pathway to get their intern to start on time on H1b visa. Without expedited processing, IMG applicants may have to use J visa, which may not be feasible for IMGs from certain countries. A lot of IMGs rank their ROL based on programs' visa policy, but they could never expect this before ROL submission.


There is extremely limited time for us/programs to prepare and submit H1B application before April 3rd. Many states such as FL, IL, MA require that a valid state license/training permit should be obtained and included in h1b visa application. This process may take 2 weeks to 2 months. Without expedite processing, it might take up to 2 months after Match Day to get a state license and then additional 6+ months for H1b visa via normal non-expedite processing)


USCIS will still provide expedited processing in limited situations if applicants can demonstrate that one or more of criteria have been met. We believe many of our situation should meet criterion 4): Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States. https://www.uscis.gov/forms/expedite-criteria (See USCIS announcement, “Requesting Expedited Processing” part)


We sincerely wish that ECFMG would communicate with USCIS and programs regarding this issue, and notify programs that expedited processing of H1b remains a possible option. Documents from ECFMG demonstrating that our H1b visa application meets the criterion - social interests of the US will be highly appreciated.


Thank you for your attention!
 
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Thanks for taking actions.

My first, second and fifth choices are H1b sponsoring programs.

If I ended up at any of them come next Friday this email will be the first thing I send to many institutions.
 
You indicate in your application which visa(s) you're willing to take. Programs will often list their visa policy on their websites, but not always. It may also be listed in FREIDA, but that's not always accurate. And given Team Trump, policies may be changing.

When you interview at a program, what visa they will offer is a completely reasonable topic of discussion. It is expected to come up. So you'll know your visa options before rank lists are due.

Thank you so much for such a thorough explanation, thank you for you time. Maybe you also know something about preliminary surgery on H1B, does this sound realistic? I will be trying to get H1B because after starting a residency (pgy-1) in 1-1.5 year I would have an opportunity to adjust my status to green card via family pathway, that's why I think about h1b. J1 would be a trap in this particular situation. Sounds realistic ? ... According to freida only 50 programs out of 200 offer H1B in surgery. Is there a chance to secure a H1B even if their web-site states that they don't provide h1b? If an applicant can take all the Fees for the visa (lawyer, paper work e.t.c), is there a chance that program will give a permision for h1b if the applicant will do all the job and pay for everything? Are this things personal? For example we will let applicant "A" to get an H1B if all the fees will be paid by the applicant and program will not be bothered by anything (paper work e.t.c) ? I Just don't know if this kind of things can be done by this way. Thank you very much, I appreciate it a lot.
 
It's unlikely, but possible, that a program will offer you an H1b for a prelim GS position. It's quite a bit of paperwork and money for a 1 year position. Although you're offering to pay for it, that turns out to be illegal -- the law states that the employer must pay all costs (except, perhaps, the premium processing fee). But you can certainly ask. If a program states they don't offer H1b, then nothing you do/say is going to change that. Also depends upon processing times by next year.

The only way this could hurt you is if you tell a program about your H1b request, they don't want to offer it, and then decide that you're probably not interested in them (because they won't offer an H1b). So your best plan is probably to simply ask about visa options. If they offer H1b, great. If not, let it stay at that.
 
You are welcome to flood the ECFMG with form letters. But you are (mostly) wasting your time. The ECFMG is well aware of the mess in the H1b visa process, and already working to try to "fix" it. My institution won't sponsor new H visas, so this doesn't apply to us. But if it did, I'd attack the problem by getting the application in before April 3rd. That might involve asking the Board of Medicine to process training licenses faster than normal -- there's more chance of that then a change in US visa policy.
 
You are welcome to flood the ECFMG with form letters. But you are (mostly) wasting your time. The ECFMG is well aware of the mess in the H1b visa process, and already working to try to "fix" it. My institution won't sponsor new H visas, so this doesn't apply to us. But if it did, I'd attack the problem by getting the application in before April 3rd. That might involve asking the Board of Medicine to process training licenses faster than normal -- there's more chance of that then a change in US visa policy.

How realistic is that though?

I'll find out March 17 where I matched.

This leaves 13 days to apply for the Visa before April.

Is it possible to do so?

I'm willing to travel in person to my program to do so but I don't think I'll finish all the paperwork in two weeks.
 
I don't know how realistic it is. I agree it's a huge potential problem. I don't know if the exception you've mentioned will "work". My point was simply that the ECFMG is very aware of the problem, and they are trying to do something about it. Not sure what, nor whether they will be successful.
 
It's unlikely, but possible, that a program will offer you an H1b for a prelim GS position. It's quite a bit of paperwork and money for a 1 year position. Although you're offering to pay for it, that turns out to be illegal -- the law states that the employer must pay all costs (except, perhaps, the premium processing fee). But you can certainly ask. If a program states they don't offer H1b, then nothing you do/say is going to change that. Also depends upon processing times by next year.

The only way this could hurt you is if you tell a program about your H1b request, they don't want to offer it, and then decide that you're probably not interested in them (because they won't offer an H1b). So your best plan is probably to simply ask about visa options. If they offer H1b, great. If not, let it stay at that.


Thank you very much. I will adhere to your advise and act in that manner when the time will come, will politely ask about the visa options. Thank you one more time.
 
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