What to Expect and When to Expect it this H-1B Adjudication Season

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USCIS has completed selecting the 85,000 H-1B petitions to be adjudicated for approval for cap-subject petitions for FY 2020.

Those selected that filed for premium processing may begin receiving notice this week as to their approval status with the anticipated date of completion set at June 4th. Case adjudication for those who did not file under premium processing will begin early to mid-June and often takes months. Last year, adjudication for FY 2019 – which began October 1 st, 2018 – extended into the 2019 calendar year.

If you are unsure of whether or not your case was selected, check the account activity on the account of the check written for the H-1B processing fee. If it has been cashed, your case was selected in the lottery.

When notice arrives of the status of the case, do not be alarmed if you receive an RFE or Denial. This is NOT the end of the road. Over the past few years the prevalence of H-1B RFEs spiked, especially for beneficiaries working entry-level positions, working as computer programmers, and working at wage level one. This year, USCIS adjudicators have been given the authority and encouragement to deny petitions outright without first issuing an RFE. This may lead to a spike in Denials instead of RFEs. Either way, they are possible to overturn and get the visa approved in time to get to work for FY 2020.

If you expect an RFE or Denial is coming this H-1B adjudication season, you can better prepare to defend your case, or your employee or client’s case. You will need a detailed credential evaluation that takes the job, the visa, USCIS approval trends, and any issues found in the case into consideration. You will also need documentation that details the demands, duties, tasks, and responsibilities of the job, and a detailed breakdown of employer and industry hiring practices with regards to minimum qualifications for the position in question. Finally, you will need an expert who works IN THE FIELD rather than just teaches it to write an opinion letter that ties the evidence you have provided together. First and foremost, however, you will need to take an honest look at your case, or your employee or client’s case and identify what might attract scrutiny by USCIS that could result in a visa Denial.


About The Author

At TheDegreePeople.com, we work with RFEs and Denials every year. We understand what triggers them and we know how to successfully respond to them. For a free review of your case, or your employee or client’s case visit ccifree.com/?CodeLWA/. We will get back to you in 48 hours or less.

​​​​​​​ Sheila Danzig is an experienced foreign credential evaluator whose focus on dynamic response to USCIS trends has put her at the cutting edge of evaluation today. As Executive Director of Career Consulting International (CCI), Florida, since 2002, she has worked closely with immigration attorneys to assist with highly demanding credential-related matters, including Referrals for Evidence, Denials and Administrative Appeals Office proceedings. CCI has become known for its expert advocacy in many thousands of immigration cases, evolving new techniques and strategies to respond to the constantly-changing interpretations of USCIS and drawing on its own specialist research into international credentials and their equivalencies. Dr Danzig was educated at Hunter College, NY (BA), the Institute of Transpersonal Psychology (MA) and the Universidad Empresarial de Costa Rica (EdD). At TheDegreePeople we have experts on hand to write opinion letters that cover both wage level and specialty occupation issues in the same document. We also have experienced credential evaluators at your service who work regularly with difficult RFEs and their solutions. Every year, it is essential to cover all your bases before you file. This year, it is critical. Let us review your case, or your employee or client’s case for free to make sure any potential approval issues are fully anticipated and addressed in the initial petition. Visit ccifree.com/?CodeLWA/ and we will get back to you in 48 hours or less.