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ARTICLE · 23 FEBRUARY 2016

Significant USCIS Processing Delays Causing Concern And Harm To Employers And Their H-1B Workers

Processing of H-1B extensions with the United States Citizenship and Immigration Service (USCIS) continue to be extraordinary slow, at both the Vermont and California Service Centers.

United StatesEmployment and HR

Processing of H-1B extensions with the United States Citizenship and Immigration Service (USCIS) continue to be extraordinary slow, at both the Vermont and California Service Centers.  The backlogs are causing significant hardships for U.S. employers and their H-1B employees in terms of continued employment authorizations concerns, ability to travel, and issues with driver's license renewals.

Typical processing times for H-1B extensions historically range from two to four months.  Currently, though, it is not unusual to see petitions still pending after eight months from the date of filing.  This is worrisome and significant.  Under immigration regulations, employment authorization for beneficiaries of a timely filed H-1B extension is automatically granted for 240 days beyond the prior period of stay.  In the past, the need to utilize the 240-day rule has been rare.   Now with processing times exceeding eight months, the concern and potential ramifications are real. 

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