Premium Processing to Resume for All H-1B Petitions Filed on or Before December 21, 2018
February 15, 2019
At a glance
- Beginning Tuesday, February 19, 2019, employers can request premium processing services for all pending H-1B petitions filed on or before December 21, 2018.
- Until further notice, premium processing will remain unavailable for most H-1B filings submitted on or after December 22, 2018.
- USCIS has not yet announced whether premium processing will be available for the upcoming H-1B cap season.
This situation
USCIS will resume premium processing services on Tuesday, February 19, 2019 for all pending H-1B petitions filed on or before December 21, 2018. Employers who wish to upgrade eligible cases to 15-day processing can file Form I-907 and the $1,410 premium fee.
Premium processing remains suspended for H-1B changes of employer, amendments and non-cap subject changes of status filed on or after December 22, 2018. It is not yet known when USCIS will lift the suspension for the remaining case types. The agency had previously projected that the premium processing suspension, which has been in place since April 2, 2018, would be lifted for all H-1B case types by February 19, 2019.
As a reminder, since January 28, 2019, USCIS has accepted premium processing requests for FY 2019 cap-subject petitions. Premium processing has also remained available – regardless of when the petition was filed—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, such as L-1, O-1 and I-140 petitions.
USCIS has not yet announced whether premium processing will be available for the FY 2020 H-1B cap filing season, which begins April 1, 2019.
What employers should do now
Employers with qualifying H-1B cases should contact their designated Fragomen representative if they wish to request premium processing service. Employers preparing responses to USCIS requests for evidence can include a premium processing request and fee with their response.
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
Media mentions
Senior Manager Kelly Hardman discusses Scotland’s hospitality sector following the UK government’s increase to the salary threshold for Skilled Worker visas.
Blog post
Manager Russell Hodges and Immigration Paralegal Natalia Jozwiak discuss the future of the UK's science sector following the country's 2024 re-entry into the Horizon programme and shift in migration policy.
Media mentions
Partner Charlotte Slocombe discusses what is considered US residency now that Prince Harry has changed his primary residence from the UK to US.
Media mentions
Director Willys Mac’Olale shares the impact the AfCFTA will have on Kenya’s economy and immigration policies.
Video
Immigration Consultant Laura Varon Osorio explains the process for posting foreign workers to France during the eagerly awaited 2024 Olympic and Paralympic Games in Paris.
Media mentions
Partner Daniel Pierce shares how a Supreme Court visa denial case could impact challenges to employment-based visa denials.
Awards
Partner Kevin Miner is selected by the Daily Report as a finalist in the “Legal Innovators” category of the publication’s 2024 Southeastern Legal 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.
Media mentions
Senior Manager Kelly Hardman discusses Scotland’s hospitality sector following the UK government’s increase to the salary threshold for Skilled Worker visas.
Blog post
Manager Russell Hodges and Immigration Paralegal Natalia Jozwiak discuss the future of the UK's science sector following the country's 2024 re-entry into the Horizon programme and shift in migration policy.
Media mentions
Partner Charlotte Slocombe discusses what is considered US residency now that Prince Harry has changed his primary residence from the UK to US.
Media mentions
Director Willys Mac’Olale shares the impact the AfCFTA will have on Kenya’s economy and immigration policies.
Video
Immigration Consultant Laura Varon Osorio explains the process for posting foreign workers to France during the eagerly awaited 2024 Olympic and Paralympic Games in Paris.
Media mentions
Partner Daniel Pierce shares how a Supreme Court visa denial case could impact challenges to employment-based visa denials.
Awards
Partner Kevin Miner is selected by the Daily Report as a finalist in the “Legal Innovators” category of the publication’s 2024 Southeastern Legal 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.