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’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.
Blog post
Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.
Blog post
Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.
Media mentions
Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.
Video
Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.
Awards
Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.
Media mentions
Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.
Blog post
Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.
Media mentions
Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.
Media mentions
Fragomen news
Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.
Blog post
Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.
Blog post
Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.
Media mentions
Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.
Video
Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.
Awards
Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.
Media mentions
Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.
Blog post
Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.
Media mentions
Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.
Media mentions