ARTICLE
22 March 2018

Premium Processing Suspended For H-1B Cap Petitions

M
Mintz
Contributor
Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
On Tuesday, March 20, 2018, USCIS announced that it will temporarily suspend premium processing for Fiscal Year 2019 H-1B cap petitions starting April 2, 2018...
United States Immigration
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On Tuesday, March 20, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend premium processing for Fiscal Year 2019 H-1B cap petitions starting April 2, 2018, the same date that USCIS will begin accepting H-1B petitions subject to the cap. This limitation includes all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master's degree or higher. USCIS has stated that it expects this suspension to last until Sept. 10, 2018, and that it will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap during this suspension period.

Until this cap-H-1B suspension is lifted, USCIS will reject any Form I-907, Request for Premium Processing Service, filed with an FY 2019 cap-subject H-1B petition. If a petitioner submits one combined check for the fees for Form I-907 and Form I-129, Petition for a Nonimmigrant Worker, USCIS will reject both forms. Petitioners may convert their cap-subject petitions for premium processing by filing Form I-907 with the appropriate filing fee when the suspension is lifted.

While premium processing is suspended, a petitioner may still submit a request to expedite an FY 2019 cap-subject H-1B petition if it meets the usual USCIS expedite criteria, which include severe financial loss; emergency situation (e.g., grave illness); humanitarian reasons; a nonprofit petitioner's request in furtherance of U.S. cultural or social interests; USCIS error; or a compelling USCIS interest. Expedite requests are highly scrutinized.

USCIS has stated that this temporary suspension will help reduce overall H-1B processing times, enable the agency to process long-pending petitions, and prioritize the adjudication of H-1B extension of status cases that are nearing the end of the 240 days of employment authorization granted to beneficiaries of timely filed extension petitions after the I-94 expiration date.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
22 March 2018

Premium Processing Suspended For H-1B Cap Petitions

United States Immigration
Contributor
Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
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