USCIS Resumes Premium Processing for All H-1Bs

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USCIS has announced that it will resume premium processing on March 12, 2019 for all H-1B petitions.

In March 2018, USCIS suspended premium processing for H-1B petitions for new employment filed under the FY2019 H-1B cap. In September 2018, USCIS extended and expanded the suspension of premium processing to include all H-1B petitions, except only certain cap-exempt H-1B petitions and certain H-1B petitions seeking an extension without change filed with the Nebraska Service Center. In January 2019, USCIS resumed premium processing for certain long-pending cap-subject FY2019 H-1B petitions filed during the April 1, 2018 filing window and, in February 2019, restored premium processing for other H-1B petitions that had been pending since late December 2018.

USCIS has now announced that – effective March 12, 2019 – it will resume premium processing for all H-1B petitions, including all pending petitions and petitions in which the employer has filed a response to RFE. The USCIS announcement does not specifically confirm that premium processing will be available for cap-subject FY2020 H-1B petitions to be filed during the April 1, 2019 filing window, but on its face appears to signal that premium processing will be available for cap-subject FY2020 H-1Bs.

Premium processing is an optional service in which – upon filing of a properly completed Form I-907 and payment of the $1410 USCIS premium processing fee – USCIS “guarantees” to act on a petition within 15 days.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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