At a glance
- In a statement to the American Immigration Lawyers Association, USCIS officials indicated that the agency has not yet announced whether it will allow petitioners to request premium processing service for FY 2020 H-1B cap cases. USCIS plans to make an announcement at a later date.
- Premium processing is available for all non-cap H-1B petitions.
The situation
USCIS will announce at a later date whether to permit employers to request premium processing service for FY 2020 H-1B cap cases, agency officials told the American Immigration Lawyers Association (AILA).
The clarification comes two days after USCIS issued an announcement stating that premium processing service would be available for all H-1B case types as of March 12, including extensions, amendments and changes of employer. That announcement did not specifically mention filings under the FY 2020 H-1B cap. This ambiguity prompted business immigration stakeholders to seek clarification.
USCIS has suspended premium processing for H-1B cap cases in the last two filing periods. Before that, the agency typically permitted cap petitioners to request premium service, but deferred the start of the 15-day premium processing clock until after it had completed initial intake of cap submissions.
Fragomen is closely monitoring FY 2020 H-1B cap policies and procedures, and will issue an update as soon as USCIS announces its decision on premium processing for the upcoming filing season.
What employers should do now
Employers planning to file FY 2020 H-1B cap cases should discuss premium processing with their Fragomen team, with the understanding that USCIS could later decide to suspend that service for cap cases.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Blog post
This blog considers how employer sponsorship of long-term residence permits in Europe could be a means for retaining their talent.
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Blog post
Partner Rahul Soni and Senior Associate Xiaodan (Susan) Song help international commercial enterprise investors make informed decisions by explaining the differences between EB-5 rural projects and high unemployment projects.
Video
Immigration Consultant Azela Hadia discusses how those planning to attend the 2024 Olympics and Paralympics Games in Paris can prepare for their trip from an immigration perspective.
Blog post
This blog provides an overview of immigration programs and relief options by USCIS for Venezuelan nationals amidst the political and economic crisis in Venezuela.
Media mentions
Partner Ángel Bello Cortés shares why Ireland needs a standardised visa system that’s faster and more consistent.
Blog post
This blog discusses Australia's Resident Return visa and its associated "compelling reasons" criteria.
Blog post
Senior Associate Sarah Melnick discusses the available immigration options for individuals not selected in this year's H-1B Cap Lottery.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha dados recentes sobre o aumento de vistos de trabalho para profissionais da produção de proteína halal.
Fragomen news
Silicon Valley Managing Partner Kristi Nevarez is recognized as an honoree in the Silicon Valley Business Journal's 2024 Latinx Business Leadership Awards.
Blog post
This blog considers how employer sponsorship of long-term residence permits in Europe could be a means for retaining their talent.
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Blog post
Partner Rahul Soni and Senior Associate Xiaodan (Susan) Song help international commercial enterprise investors make informed decisions by explaining the differences between EB-5 rural projects and high unemployment projects.
Video
Immigration Consultant Azela Hadia discusses how those planning to attend the 2024 Olympics and Paralympics Games in Paris can prepare for their trip from an immigration perspective.
Blog post
This blog provides an overview of immigration programs and relief options by USCIS for Venezuelan nationals amidst the political and economic crisis in Venezuela.
Media mentions
Partner Ángel Bello Cortés shares why Ireland needs a standardised visa system that’s faster and more consistent.
Blog post
This blog discusses Australia's Resident Return visa and its associated "compelling reasons" criteria.
Blog post
Senior Associate Sarah Melnick discusses the available immigration options for individuals not selected in this year's H-1B Cap Lottery.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha dados recentes sobre o aumento de vistos de trabalho para profissionais da produção de proteína halal.
Fragomen news
Silicon Valley Managing Partner Kristi Nevarez is recognized as an honoree in the Silicon Valley Business Journal's 2024 Latinx Business Leadership Awards.