H-1B Petition I-129 Processing Time and Trends

 

This post is a part of series of posts that makes up “The Complete Process Trail for H-1B Work Visa”.

Current Trends – As of today i.e. 16th December 2012.

Following chart depicts the current I-129 Processing Time of USCIS National Average and Vermont Service Center. So, based on current trend, if your petition will be filed at Vermont Service Center, a decision might be taken in 2.1 months from the actual date of filing. A decision could be Approval Notice, Rejection or an RFE.

Following chart shows the I-129 Processing Volume Trend of Vermont Service Center.

Following chart shows National Trend for I-129 Processing Volume

Source – USCIS

How to view most current Processing Time, Volumes and Trends?

1. Go to https://egov.uscis.gov/cris/Dashboard.do
2. From the second table at the bottom titled “Processing Times”:
1. Select a form type – select “I-129” and click “Next” button (page will refresh)
2. Select a form sub-type – select “H-1B – Specialty Occupation – Visa to be issued abroad” and click “Next” button (page will refresh)
3. Select an office – select any office you wish to view and click “Next” button (page will refresh)
4. Current Processing Time will be shown in the form of chart (similar to the chart shown above – the very first image above)
3. On the same page and just beneath the second table, there is a link “View national volumes and trends for all applications”. Click on that link and it will take you to a new page titles “National Processing Volumes and Trends”. From that page:
1. Select a form type – select “I-129”
2. Select an office – select any office you wish to see
3. Select chart type – select any chart you wish to see
4. Click on the button “Get Results”. Page will refresh and you will see two charts similar to the one shown above – last 2 images)

Request for Evidence (RFE) Processing Time

 

USCIS can process your response for RFE in as little as one week, but usually they’ll take 6 to 9 weeks for processing. However, there are examples when they took 12 weeks or more to process the response against an RFE.

Bottom line: No one can predict, how much time USCIS will take to process a response. It is advisable to contact USCIS, if you (read Sponsor) do not receive any response from USCIS in 90 days or 12 weeks of time.

Why Request for Evidence (RFE)?–Recent Trends

 

On a mission to eradicate fraud, USCIS is increasingly responding to petitions with burdensome Requests for Evidence (RFE). Over the past years, different trends has been observed, such as:

End Client

The USCIS recently changed the format of their Requests for Evidence (RFE) for petitions where the employee is located at a client site. In the past, the focus of these types of RFEs centered around the employer/employee relationship, but now, they have started questioning whether the position at the end-client requires a minimum of a bachelor’s degree.

These RFEs seem to be targeted at IT staffing companies because they include language that says that the record indicates the petitioner “is in the business of locating persons with computer-related backgrounds and placing these individuals in positions with firms that use such personnel to complete their projects.”

The RFEs suggest that in order to overcome USCIS's doubts, employers must provide copies of signed contracts, master agreements, work orders, statements of work, services agreements and letters between the employer and authorized officials of the ultimate end-client companies and that these documents should contain a description of the duties, the requirements for the position, salary, hours worked, benefits and a brief description of who will supervise the employee.

Education

The USCIS has in the past has placed an emphasis on education and has been issuing RFE where they are asking about:

1. Education evaluation from a reputable evaluation company. Further, if the evaluation requires a combination of education and experience to equate to either a 4 year degree or a degree that is relevant to the position, the USCIS is requiring evidence establishing the evaluator's credentials and qualifications. It is important that Sponsors who sponsor H1B applicants with foreign degrees get their evaluations from credible evaluation companies and that they submit the evidence regarding the evaluator’s credentials and qualifications.
2. How a person’s degree relates to the position. They are questioning this more frequently so it is important to verify that there is either classwork or experience that an H1B applicant can show in order to prove that their education/experience is relevant to the position that is being filed for on their behalf.

Right to Control

The USCIS continues to question an employer’s ability to control their employee when that employee is located off-site. Further, they question the employer’s employer/employee relationship and how the employer intends to maintain this while the employee is working at a client site.

These doubts have been raised since the Neufeld memo was published in 2010. An end-client letter which states that the project/assignment will last for 3 years resolves this issue, but in most cases, end-clients are hesitant to issue these types of letters as they feel that it can be construed as a contractual commitment to that consultant and their employer.

Other Notable Observations

• Although additional scrutiny has affected companies of all types and sizes, those that design and/or produce products are not nearly as hard hit as companies that provide IT services.
• USCIS is increasingly tallying and tracking cases filed by each company. Companies that file a disproportionately high number of petitions relative to its overall headcount often face more burdensome RFEs.

Responding Request for Evidence (RFE)

 

Your sponsor is the one who will receive the RFE from USCIS, prepare the RFE Response and finally submit it for review to USCIS. In case, your Sponsor need any additional document or clarification, they will contact you. So, all you have to do is to make yourself easily accessible during that time either through email, phone, fax or mail.

The USCIS will require a response from the Sponsor within 30 to 90 days depending upon the case. Once your Sponsor submit the response to USCIS, your status will change from “Request for Evidence” to “Request for Evidence Response Review” and if you have subscribed for status change notifications via email (as shown in my earlier post), you will also receive an email similar to the one below from USCIS:

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: EAC11209xxxxx
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Your Case Status: Request for Evidence Response Review

On February 13, 2012, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence.

If you have questions or concerns about your application or the case status results
listed above, or if you have not received a decision from USCIS within the current
processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

What is Request for Evidence RFE?

 

A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case. For example:

USCIS sends RFE H1B when

• More information about H1B applications submitted.
• Documents provided is not sufficient
• If some documents or missing
• educational evaluation
• documents supporting the exceptional abilities
• And few more..

RFEs are often in point form requesting factual information from either the beneficiary or petitioner. USCIS will send RFE to the Sponsor and if you have registered on USCIS website for status changes as discussed on my previous post, you will also receive an email on this state change. A typical “Status Change RFE” email from USCIS to you will be- like:

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: EAC11209xxxxx
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Your Case Status: Request for Evidence

On November 17, 2011, we mailed a notice requesting additional evidence or information in this case I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

A request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant's eligibility for the benefit sought. We may send you a request for evidence at any stage of our review. The request will indicate what evidence or information is needed for us to fully evaluate your application or petition. The notice will explain where to send the evidence and will give the deadline for your response. Your application or petition will be held in suspense during that time. If you receive a request for evidence and have questions about what you need to submit, you may call our National Customer Service Center at 1-800-375-5283.

If you have questions or concerns about your application or the case status results
listed above, or if you have not received a decision from USCIS within the current
processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)