Premium Processing to Resume for All H-1B Petitions Filed on or Before December 21, 2018

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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.

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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.