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
Fragomen news
Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.
Media mentions
Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.
Awards
Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.
Media mentions
Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.
Media mentions
Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.
Media mentions
Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.
Blog post
Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.
Media mentions
Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.
Media mentions
Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.
Media mentions
Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.
Blog post
Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.
Media mentions
Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.
Fragomen news
Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.
Media mentions
Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.
Awards
Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.
Media mentions
Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.
Media mentions
Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.
Media mentions
Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.
Blog post
Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.
Media mentions
Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.
Media mentions
Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.
Media mentions
Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.
Blog post
Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.
Media mentions
Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.
