Premium Processing to Resume for All H-1B Petitions

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At a glance

• Beginning Tuesday, March 12, 2019, employers can request premium processing service for all H-1B petitions, USCIS has announced.
• The announcement suggests that premium processing will be available for the FY 2020 , though USCIS could announce a separate suspension at a later date.

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This situation

USCIS will resume premium processing services for all new and pending H-1B petitions on Tuesday, March 12, 2019. Employers who wish to upgrade cases to 15-day processing can file Form I-907 and the $1,410 premium fee.

The service will now be available for H-1B extensions of status, changes of employer, initial H-1B filings not subject to the annual cap, and amendments. Though the USCIS notice does not specifically address the FY 2020 H-1B cap filing season, which begins April 1, 2019, premium processing services appear to be available for those cases as well. USCIS could, however, impose a separate premium suspension for these cases at a later date.

Since January, USCIS has incrementally lifted the H-1B premium processing suspension, which was originally imposed on April 2, 2018.

What employers should do now

Employers with new or pending 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.

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 as April 1 approaches.

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