Important Updates
Important Updates
October 2, 2025Somalia: Electronic Travel Authorization Launched
October 2, 2025 | United StatesComputer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent
October 2, 2025 | United KingdomConstruction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?
October 2, 2025 | NamibiaNamibia: New Online Visa-on-Arrival Launched
October 2, 2025 | Saudi Arabia, United Arab EmiratesPartner Abeer Al Husseini Recognised at the Gulf Business Awards 2025
October 2, 2025Somalia: Electronic Travel Authorization Launched
October 2, 2025 | United StatesComputer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent
October 2, 2025 | United KingdomConstruction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?
October 2, 2025 | NamibiaNamibia: New Online Visa-on-Arrival Launched
October 2, 2025 | Saudi Arabia, United Arab EmiratesPartner Abeer Al Husseini Recognised at the Gulf Business Awards 2025
October 2, 2025Somalia: Electronic Travel Authorization Launched
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • 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

Premium Processing for H-1B Extensions to Be Suspended Until July 27

May 27, 2015

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
United States

(Original Alert Posted on May 19, 2015)
 
USCIS is suspending premium processing for H-1B extensions from May 26 through July 27 in order to devote resources to the upcoming H-4 employment authorization program. The suspension is likely to have a significant negative impact on employers, H-1B foreign nationals and their H-4 dependents.

The Scope of the Suspension

During the suspension period, premium processing will not be available for H-1B petitions requesting an extension of the beneficiary’s stay.
 
USCIS has clarified that premium service will remain available for H-1B cap cases, cap-exempt cases requesting a change of status or consular notification, and petitions for other nonimmigrant classifications filed on Form I-129, such as L-1 and O-1 cases.

Likewise, premium service will be available for non-cap H-1B petitions requesting a consular notification or an amendment of a previously approved petition that does not include a request for an extension of stay. USCIS did not specifically address petitions seeking a change of employer, and it is not clear whether the agency will grant a premium service for such a case where filed without an extension request. As a reminder, foreign nationals in H-1B status are permitted to begin work with a new H-1B employer as soon as the new employer’s petition is properly submitted to USCIS; they are not required to wait for agency approval before starting their new H-1B job.

Impact on H-1B Extensions Filed Before May 26

USCIS states that it will honor premium processing requests filed with H-1B extensions before May 26, but leaves open the possibility that some such cases may not be processed within the 15-day timeframe.

Employers and foreign nationals should prepare for the possibility that a premium processed extension filed before May 26 could be delayed. If this occurs, USCIS would return the premium fee. It is not yet known whether USCIS will give priority to these cases once the suspension is lifted.

Impact on Travel

The suspension may have a severe impact on many H-1B employees planning international travel this summer. Though H-1Bs with a valid visa and valid I-94 can travel and reenter while their extension application is pending, those whose I-94 has expired will be unable to return to the United States until their petition is approved. In instances where travel is necessary, employers have the option of filing via premium processing so long as a request for consular notification, as opposed to extension of stay, is made.

Impact on Driver’s License Renewals

The suspension will have a significant impact on foreign nationals whose H-1B status and state-issued driver’s license will expire before July 27. Though some states will accept a receipt notice establishing the timely filing of an H-1B extension as evidence of lawful status for driver’s license renewal, many will not. Affected H-1Bs may be unable to drive lawfully after their current I-94 expires.

Impact on H-4 EAD Applications

The stated goal of the premium suspension is to allow USCIS to adjudicate H-4 employment authorization applications, which the agency began to accept on May 26. However, the suspension could delay EADs for H-4s who need their H-1B spouse’s extension of stay to obtain an EAD. An H-4 can establish eligibility for an EAD if their H-1B spouse obtains an extension of stay beyond their six-year maximum based on a long-pending labor certification or Form I-140 petition. If the spouse’s extension cannot be premium processed, the H-4 will have to wait longer for employment authorization.

What This Means for Employers and Foreign Nationals

Though USCIS indicates that it could lift the suspension of H-1B extension premium processing before July 27, employers and affected foreign nationals should plan for restrictions in their ability to travel abroad and renew a U.S. driver’s license. USCIS will entertain requests to expedite an extension if the petitioner or beneficiary can show significant hardship, but such requests are only approved on a case-by-case basis at the discretion of the agency.
 
© 2015 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

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Media mentions

The Caterer: Businesses Need to Be Ready for Government Crackdown on Sponsor Licences

Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Learn more

Media mentions

Folha de São Paulo: Taxa de US$ 100 mil para visto dos EUA muda planosde brasileiros; veja opções

Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Learn more

Media mentions

Global Mobility Lawyer: Lawyers Try to Make Sense of Trump’s Confusing H-1B Fee Hike

Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Learn more

Media mentions

Kommunal topinform: Staatsdienst am Limit

Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Learn more

Blog post

UAE Golden Visa: Work Permit Requirements for Employers and Professionals

Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Learn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Media mentions

The Caterer: Businesses Need to Be Ready for Government Crackdown on Sponsor Licences

Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Learn more

Media mentions

Folha de São Paulo: Taxa de US$ 100 mil para visto dos EUA muda planosde brasileiros; veja opções

Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Learn more

Media mentions

Global Mobility Lawyer: Lawyers Try to Make Sense of Trump’s Confusing H-1B Fee Hike

Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Learn more

Media mentions

Kommunal topinform: Staatsdienst am Limit

Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Learn more

Blog post

UAE Golden Visa: Work Permit Requirements for Employers and Professionals

Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

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.