• Insights

USCIS Extends and Expands H-1B Premium Processing Suspension Through February 2019

August 28, 2018

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Premium processing for FY 2019 H-1B cap petitions is further suspended until February 19, 2019.
  • Employers have through September 10, 2018 to file premium processing requests for a change of H-1B employer, an amendment or a non-cap subject change of status to H-1B. Premium service will be suspended for these case types from September 11, 2018 through February 19, 2019.
  • Premium processing remains available for extensions of H-1B status with the same employer without changes in circumstances, as well as other non-H-1B case types ordinarily eligible for premium service.

The situation

USCIS has decided to extend and expand the suspension of premium processing for certain H-1B cases.  The suspension affects pending FY 2019 H-1B cap cases and, effective September 11, 2018, most H-1B changes of employer, changes of status and amendments. Both the extension and expansion are expected to remain in effect until February 19, 2019.

On April 2, 2018, USCIS suspended premium processing for FY 2019 H-1B cap cases. The suspension was originally expected to last until September 10, 2018. USCIS says that the broadened and extended suspension will allow the agency to address a backlog of long-pending cases, and to give priority to pending H-1B extensions with the same employer that are nearing the end of the 240-day automatic extension of work authorization.

Impact on FY 2019 H-1B cap cases

Employers will not be able to request premium processing service for pending FY 2019 H-1B cap cases until an anticipated date of February 19, 2019.

The extended suspension of premium processing may delay a foreign national’s ability to travel internationally before his or her H-1B cap petition is approved. Travel while a change of status H-1B request is pending will cause the status request to be deemed abandoned, though the underlying H-1B petition remains approvable. A foreign national who travels abroad before the change of status is approved would have to take extra steps to assume H-1B status after the case is approved, potentially delaying the foreign national’s return to the U.S.

The suspension will also affect F-1 students in the cap-gap period. Employment authorization for qualified cap-gap beneficiaries expires on October 1, even if the beneficiary’s H-1B cap case remains pending after that date.

Impact on H-1B changes of employer, changes of status and amendments

USCIS will continue to accept premium processing requests for H-1B changes of employer, non-cap subject changes of status and amendments through September 10, 2018. If your organization intends to sponsor an H-1B nonimmigrant for one of these case types, a request for premium processing must be received at USCIS by September 10, 2018.

Premium processing for other case types

USCIS will continue to accept premium processing requests for the following case types:

  • Extensions of H-1B status with the same employer and no change in circumstances, filed at the USCIS Nebraska Service Center.
  • H-1B petitions filed by a qualifying cap-exempt employer or for beneficiaries who will be employed at a qualifying cap-exempt organization. This includes institutions of higher education and their related or affiliated nonprofit organizations, nonprofit research organizations and governmental research organizations.
  • Other case types eligible for premium processing, including L-1, O-1 and I-140 petitions.​

Expediting cases in urgent situations

In urgent situations, employers can request faster processing if a case meets USCIS’s longstanding expedite criteria, but employers must be aware that expedites are only granted at USCIS’s discretion and are issued very rarely -- for emergencies, humanitarian situations, in cases of severe financial loss to the employer or foreign national, and a few other very limited circumstances.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Blog post

Prepared, Not Reactive: What UAE HR and Mobility Teams Must Build for the Long Run

Senior Manager Manu George analyzes how recent disruptions in the UAE’s immigration landscape underscore the need for always‑on mobility readiness, outlining five core pillars that help organisations strengthen workforce visibility, manage compliance proactively and mitigate geopolitical and operational risks.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Blog post

Prepared, Not Reactive: What UAE HR and Mobility Teams Must Build for the Long Run

Senior Manager Manu George analyzes how recent disruptions in the UAE’s immigration landscape underscore the need for always‑on mobility readiness, outlining five core pillars that help organisations strengthen workforce visibility, manage compliance proactively and mitigate geopolitical and operational risks.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
June 5, 2026 | United StatesFragomen Earns Top Rankings in Chambers USA 2026
June 5, 2026 | 🌐Middle East: Wafid Program Updated to Strengthen Medical Screening of Foreign Nationals
June 5, 2026 | 🌐Minimum Salary Changes Announced
June 5, 2026 | Saudi ArabiaSaudi Arabia: Increased Labor Inspections
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
June 5, 2026 | United StatesFragomen Earns Top Rankings in Chambers USA 2026
June 5, 2026 | 🌐Middle East: Wafid Program Updated to Strengthen Medical Screening of Foreign Nationals
June 5, 2026 | 🌐Minimum Salary Changes Announced
June 5, 2026 | Saudi ArabiaSaudi Arabia: Increased Labor Inspections
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.