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UNITED STATES – USCIS extends and expands temporary suspension of premium processing for H-1B petitions

US Citizenship and Immigration Services (USCIS) has announced that it is extending and expanding the previously announced temporary suspension of premium processing for cap-subject H-1B petitions.

Originally intended to last until 10 September 2018, USCIS now expects the expanded suspensions to last until 19 February 2019.

Who is affected?

The suspension of premium processing for H-1B petitions now includes the following petition types:

  • H-1B Petitions subject to the FY 2019 Cap;
  • Petitions to extend H-1B status that include any changes to the job and salary information from the previously filed petition; and
  • H-1B Change in Employer (Porting) Petitions.

The suspension does not apply to:

  • Cap-exempt petitions that are filed at the California Service Centre;
  • H-1B extensions filed with the Nebraska Service Centre that are not filed concurrently with a change of employer and/or do not contain any changes to the job or salary information from the prior filing.

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 $1225.

Action Items

  • Employers who may be affected by the extended and expanded suspension of premium processing should consult an immigration specialist.

This news alert was prepared using information provided by Maggio and 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 © 2021 Peregrine Immigration Management Ltd.