ARTICLE
22 March 2018

USCIS To Suspend Premium Processing For Fiscal Year 2019 H-1B Cap Filings

KL
Herbert Smith Freehills Kramer LLP

Contributor

Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be. Our footprint is extensive and committed across the world’s largest markets, key financial centres and major growth hubs. At our best tackling complexity and navigating change, we work alongside you on demanding litigation, exacting regulatory work and complex public and private market transactions. We are recognised as leading in these areas. We are immersed in the sectors and challenges that impact you. We are recognised as standing apart in energy, infrastructure and resources. And we’re focused on areas of growth that affect every business across the world.
On March 20, U.S. Citizenship and Immigration Services (USCIS) did an about-face and announced that beginning on April 2 it will suspend Premium Processing of all fiscal year (FY) 2019 H-1B cap filings.
United States Immigration

On March 20, U.S. Citizenship and Immigration Services (USCIS) did an about-face and announced that beginning on April 2 it will suspend Premium Processing of all fiscal year (FY) 2019 H-1B cap filings. This comes after prior announcements in which USCIS confirmed that it would make Premium Processing available for H-1B cap cases. This suspension applies to all H-1B cap cases, including filings for persons with U.S. advanced degrees. The Premium Processing cap case suspension is expected to be lifted no later than Sept. 10, 2018. At that time, employers will be able to file Form I-907 Requests for Premium Processing Service for any cap filings that have not yet been adjudicated.

Fortunately (and unlike last year), USCIS will continue to accept Premium Processing requests for H-1B petitions that are not subject to the FY 2019 cap. This includes H-1B change of employer, H-1B extension and H-1B amendment filings. Premium Processing will also remain available for other Premium Processing-eligible nonimmigrant petitions including, L-1, O-1 and TN petitions, and for eligible I-140 petitions.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More