Important Updates
Important Updates
November 12, 2025 | MalaysiaMalaysia: New Overstay Policies Introduced
November 12, 2025 | Hong Kong SAR Hong Kong SAR: Short-Term Talent Program Expanded  
November 12, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
November 12, 2025 | United StatesGlobal Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection
November 12, 2025 | United Arab Emirates, Saudi ArabiaGlobal Mobility Lawyer: GCC to launch unified multi-entry visa for regional travel
November 12, 2025 | MalaysiaMalaysia: New Overstay Policies Introduced
November 12, 2025 | Hong Kong SAR Hong Kong SAR: Short-Term Talent Program Expanded  
November 12, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
November 12, 2025 | United StatesGlobal Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection
November 12, 2025 | United Arab Emirates, Saudi ArabiaGlobal Mobility Lawyer: GCC to launch unified multi-entry visa for regional travel
November 12, 2025 | MalaysiaMalaysia: New Overstay Policies Introduced
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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
  • 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

Global Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection

Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.

Learn more

Fragomen news

Global Mobility Lawyer: GCC to launch unified multi-entry visa for regional travel

Partner Abeer Al Husseini discusses the Gulf Cooperation Council’s new unified multi-entry visa and its implications for business travel and compliance across the region.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Fragomen news

Global Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection

Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.

Learn more

Fragomen news

Global Mobility Lawyer: GCC to launch unified multi-entry visa for regional travel

Partner Abeer Al Husseini discusses the Gulf Cooperation Council’s new unified multi-entry visa and its implications for business travel and compliance across the region.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.