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UNITED STATES – USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

Effective 28 January 2019, US Citizenship and Immigration Services (USCIS) has resumed premium processing for all fiscal year (FY) 2019 H-1B cap-subject petitions.

Premium processing for FY 2019 H-1B cap petitions was suspended effective 2 April 2018, and the suspension was later extended and expanded.

Who is Affected?

  • Petitioners may now interfile requests for premium processing of H-1B cap petitions that were filed in April 2018 and are still pending.
  • Petitioners who have received Requests for Evidence (RFEs) on FY 2019 H-1B cap petitions may also submit premium processing requests when filing RFE responses.
  • Premium processing remains suspended for H-1B petitions requesting new employment, amendments to existing employment, or changes of employer. This suspension is projected to remain in effect until 19 February 2019.
  • Petitioners who are filing H-1B extension of status petitions with no material change to the job, as well as certain cap-exempt employers, may continue to request premium processing service

What is Premium Processing?

The premium processing service permits employers to request USCIS to adjudicate H-1B petitions within 15 calendar days by submitting Form I-907 (Request for Premium Processing Service) and an additional filing fee of USD 1410. If USCIS does not take certain adjudicative action within the 15 calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition.

Action Items

• Employers who may be affected are encouraged to contact their immigration specialist for further support.

This alert was prepared with information provided by Gibney.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2019 Peregrine Immigration Management Ltd.