USCIS to Temporarily Suspend Premium Processing of FY 2019 H-1B Cap Petitions
March 20, 2018

At a glance
USCIS will temporarily suspend premium processing of all FY 2019 H-1B cap filings starting April 2, 2018. The suspension is expected to last until September 10, 2018. The agency has indicated that it will continue to accept premium processing requests for non-cap H-1B cases, such as extensions and most changes of employer.
A closer look
USCIS says that the suspension will allow the agency to process long-pending petitions and prioritize adjudication of H-1B extensions that are nearing the 240-day mark.
During the suspension, USCIS will reject any Form I-907, Request for Premium Processing, filed with a FY 2019 cap-subject H-1B petition. If the premium processing fee is combined in a single check with other H-1B cap fees, USCIS will reject the petition package.
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.
What this means for employers
The suspension means that FY 2019 H-1B cap cases will not be eligible for 15-day processing until the premium suspension is lifted. Though premium processing does not affect the chances that an H-1B petition will be selected in the cap lottery, it does provide greater certainty to beneficiaries – in particular, F-1 students who are changing status to H-1B and whose optional practical training (OPT) or course of study will terminate between April 2 and October 1, a period known as the “cap gap.”
The suspension may also delay a foreign national's ability to travel internationally between April 2 and the approval of the H-1B cap petition. Travel while a change of status is pending and before it is approved will cause it 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 on October 1.
Fragomen closely tracks USCIS processing of H-1B cases and will issue updates as developments occur. If you have any questions about USCIS’s suspension of H-1B cap premium processing, or about H-1B cap processing in general, please contact your designated Fragomen professional. This alert is for informational purposes only.
Explore more at Fragomen

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

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

Blog post
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.

Blog post
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.

Media mentions

Awards
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.

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

Media mentions
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.

Video
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.

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

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

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

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

Blog post
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.

Blog post
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.

Media mentions

Awards
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.

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

Media mentions
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.

Video
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.

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

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