Important Updates
Important Updates
July 31, 2025 | 🌐Minimum Salary Changes Announced
August 1, 2025 | MalaysiaMalaysia: Enhanced Online Interview Feature for Certain Applications Forthcoming
August 1, 2025 | United KingdomTimes Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough
August 1, 2025 | United StatesUnited States: Federal District Court Postpones TPS Terminations for Honduras, Nepal, and Nicaragua
July 31, 2025 | United StatesLaw360: Grappling With Workforce-Related Immigration Enforcement
July 31, 2025 | 🌐Minimum Salary Changes Announced
August 1, 2025 | MalaysiaMalaysia: Enhanced Online Interview Feature for Certain Applications Forthcoming
August 1, 2025 | United KingdomTimes Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough
August 1, 2025 | United StatesUnited States: Federal District Court Postpones TPS Terminations for Honduras, Nepal, and Nicaragua
July 31, 2025 | United StatesLaw360: Grappling With Workforce-Related Immigration Enforcement
July 31, 2025 | 🌐Minimum Salary Changes Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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 RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • 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

Media mentions

Times Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough

Senior Manager Jonathan Hill noted that stricter UKVI audits and asylum claim reviews are driving more student visa action plans.

Learn more

Media mentions

Law360: Grappling With Workforce-Related Immigration Enforcement

Partner K. Edward Raleigh and Associate Anna I. Perina explore how changing immigration enforcement is affecting workforce planning and compliance for US employers.

Learn more

Blog post

Updating Articles of Association (AoA) in Saudi Arabia: What Companies Need to Know

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung provide guidance for businesses on the legal and procedural requirements for amending their AoA in Saudi Arabia.

Learn more

Blog post

Green Card Backlogs and Visa Bulletin Trends: What Employers Can Do In 2025 and Beyond

Counsel Susan Steger discusses how US employers can navigate ongoing green card delays and shifting visa bulletin trends to better support foreign talent and workforce planning.

Learn more

Media mentions

C21 Media: How to Prepare for Immigration Reforms Under the UK Industrial Strategy

Senior Manager Sean Rhodes and Associate Milosz Skorupski outline how UK immigration reforms will affect creative businesses and highlight key considerations for planning ahead.

Learn more

Awards

WirtschaftsWoche Recognises Fragomen and Partner Axel Boysen as Best in Migration Law

WirtschaftsWoche names Fragomen to its "Best Law Firms 2025" list and Partner Axel Boysen to its "Best Lawyers 2025" list in the field of migration law for private individuals. 

Learn more

Media mentions

Arab News: Saudi Arabia’s High-End Dining Scene Fuels Culinary and Cultural RevivalLearn more

Awards

Fragomen Ranks as Band 1 in Chambers and Partners High Net Worth Legal Guide 2025

Fragomen is ranked in Band 1 in Chambers & Partners High Net Worth Legal Guide 2025.

Learn more

Media mentions

Toronto Star: Ford and Other Premiers Want Provincial Work Permits for Refugee Claimants. It May Not Solve Anything

Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Learn more
Generic Insights

Video

Transfer Tactics & Talent Pipelines – The UK Angle with Alex Hood ⚽ | #FragomenFC - Ep. 10

Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Learn more

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Times Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough

Senior Manager Jonathan Hill noted that stricter UKVI audits and asylum claim reviews are driving more student visa action plans.

Learn more

Media mentions

Law360: Grappling With Workforce-Related Immigration Enforcement

Partner K. Edward Raleigh and Associate Anna I. Perina explore how changing immigration enforcement is affecting workforce planning and compliance for US employers.

Learn more

Blog post

Updating Articles of Association (AoA) in Saudi Arabia: What Companies Need to Know

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung provide guidance for businesses on the legal and procedural requirements for amending their AoA in Saudi Arabia.

Learn more

Blog post

Green Card Backlogs and Visa Bulletin Trends: What Employers Can Do In 2025 and Beyond

Counsel Susan Steger discusses how US employers can navigate ongoing green card delays and shifting visa bulletin trends to better support foreign talent and workforce planning.

Learn more

Media mentions

C21 Media: How to Prepare for Immigration Reforms Under the UK Industrial Strategy

Senior Manager Sean Rhodes and Associate Milosz Skorupski outline how UK immigration reforms will affect creative businesses and highlight key considerations for planning ahead.

Learn more

Awards

WirtschaftsWoche Recognises Fragomen and Partner Axel Boysen as Best in Migration Law

WirtschaftsWoche names Fragomen to its "Best Law Firms 2025" list and Partner Axel Boysen to its "Best Lawyers 2025" list in the field of migration law for private individuals. 

Learn more

Media mentions

Arab News: Saudi Arabia’s High-End Dining Scene Fuels Culinary and Cultural RevivalLearn more

Awards

Fragomen Ranks as Band 1 in Chambers and Partners High Net Worth Legal Guide 2025

Fragomen is ranked in Band 1 in Chambers & Partners High Net Worth Legal Guide 2025.

Learn more

Media mentions

Toronto Star: Ford and Other Premiers Want Provincial Work Permits for Refugee Claimants. It May Not Solve Anything

Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Learn more
Generic Insights

Video

Transfer Tactics & Talent Pipelines – The UK Angle with Alex Hood ⚽ | #FragomenFC - Ep. 10

Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Learn more

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

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.