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UNITED STATES – USCIS Resumes Premium Processing for All H-1B Petitions

On 12 March, US Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B petitions.

Pending H-1B petitions, including those that have received a Request for Evidence from USCIS, may be converted to premium processing through the filing of a Form I-907 with the appropriate filing fee.

Background

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.

Premium processing for FY 2019 H-1B cap petitions was suspended effective 2 April 2018, and the suspension was later extended and expanded. On 28 January 2019, USCIS resumed premium processing for all fiscal year (FY) 2019 H-1B cap-subject petitions, and on 19 February 2019 for pending H-1B petition filed on or before 21 December 2019.

Action Items

  • Employers who may be affected are encouraged to contact their immigration specialist for case-specific advice.

This alert was prepared with information provided by Maggio Kattar.

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.