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Immigration Law Blog

Wednesday, September 12, 2018

USCIS Expands Suspension Of H-1B Premium Processing In Order To Reduce Delays

The previously announced temporary suspension of cap-subject H-1B petitions has recently been extended by USCIS to February 19, 2019. The suspension is also now expanded, beginning September 11, 2018, to include petitions not subject to the H-1B cap, including H-1B “transfer”/change of employer petitions and extension petitions with the same employer where there has been a change in the terms of the employment.

USCIS will continue to Premium Process H-1B petitions that are not currently suspended if the petitioner properly filed the petition with an associated Form I-907 (Request for Premium Processing) before Sept 11, 2018 and will refund Premium Processing fees if the Petitioner filed before September 11, 2018 but USCIS did not adjudicate the case within the 15-calendar day processing period.  While the suspension is in effect, Forms I-907 filed with H-1B petitions will be rejected.

It is important to note that Premium Processing remains available for certain cap-exempt H-1B petitions and for H-1B extensions filed with the Nebraska Service Center (i.e. where the terms of the employment, including the employer, remain identical).

Note that while Premium Processing is suspended, Petitioners may continue to request expedited processing by submitting a Request to Expedite if they meet the criteria on the USCIS Expedite Criteria webpage

Please reference additional information regarding this development by clicking here.



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