At a glance
- Beginning Monday, January 28, employers can request premium processing services for pending FY 2019 H-1B cap cases.
- Premium processing will remain suspended for most other H-1B filings until further notice.
The situation
USCIS will open premium processing services for pending FY 2019 H-1B cap cases on Monday, January 28. Employers who wish to upgrade a pending cap case to 15-day processing can file Form I-907 and the $1410 premium fee.
Premium processing remains suspended for H-1B changes of employer, amendments and non-cap subject changes of status until further notice. Premium processing continues to be available for extensions of H-1B status with the same employer that do not involve changes in circumstances, H-1B petitions filed for employment with or at a qualifying cap-exempt organization and other non-H-1B case types ordinarily eligible for premium service.
Premium processing has been suspended for FY 2019 H-1B cap cases since April 2, 2018 and was expected to remain suspended through February 19, 2019. It is not yet known when USCIS will lift the suspension for other H-1B case types.
What employers should do now
Employers with pending FY 2019 H-1B cap cases should contact their designated Fragomen representative if they wish to request premium processing service. Employers preparing responses to USCIS requests for evidence in cap cases can include a premium processing request and fee with their response.
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Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
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