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USCIS Resumes Premium Processing Service For H-1B Cap Cases

9/19/2017

 
After suspending the Premium Processing service for all H-1B petitions on April 3, 2017, USCIS has resumed premium processing for certain categories of H-1B petitions.

Yesterday, USCIS announced that it will now accept premium processing requests for H-1B petitions that are subject to the FY 2018 cap, including both regular cap and advanced degree cap cases. This is an especially important development for F-1 students who are in the "cap gap" period of employment authorization, which would otherwise end on September 30, 2017. These individuals may now request premium processing for their H-1B petitions in the hope of having the petition approved before October 1, 2017, to avoid any lapse in employment authorization.

USCIS had previously resumed premium processing for two very limited types of H-1B petitions: those for J-1 physicians requesting a waiver of the two-year home residence requirement through the Conrad 30 program or other interested government agencies and those filed by cap exempt employers or that are cap exempt because the beneficiary is employed at a cap exempt institution.

At this time, premium processing remains suspended for all other H-1B petitions, including extension of stay, change of employer, and amended petitions.

If you have any questions, please do not hesitate to contact us.

USCIS To Suspend Premium Processing for H-1B Petitions On April 3

3/6/2017

 
USCIS has announced that starting April 3, 2017, it will suspend the “premium processing” service for all H-1B petitions.  The suspension could last as long as six months.

The announcement states that this action is necessary so that USCIS can reduce overall processing times for H-1B petitions, which have grown steadily over the past two years and now regularly exceed six months even for routine extensions.

During the premium processing suspension, USCIS will focus on processing long-pending petitions and will prioritize extension petitions for individuals who are nearing the end of the automatic 240-day extension of work authorization following the expiration of their previous petition.

April 3 is also the first day that employers may begin filing fiscal year 2018 H-1B visa petitions for individuals to begin H-1B employment on October 1, 2017. The opening of the H-1B cap is likely a main reason for the premium processing suspension, as USCIS probably expects to receive nearly 250,000 submissions based on last year’s filing volume. Resources that would otherwise have gone toward “premium processing” can now be shifted toward intake and adjudication of H-1B cap filings.

At this time, the “premium processing” suspension affects only H-1B petitions. The “premium processing” service will remain available for all other eligible nonimmigrant visa classifications.
During the suspension period, petitioners may still request an expedite of an H-1B petition. ​USCIS may expedite a​ petition or application if it meets one or more of the following criteria:​
  • Severe financial loss to company or ​person​;​
  • Emergency situation;​
  • Humanitarian reasons;​
  • Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States​;​
  • Department of Defense or ​​national​ ​interest ​​situation;​
  • USCIS error; or​
  • Compelling interest of USCIS.​

As always, please contact us with any questions.

USCIS Resumes Premium Processing for H-1B Extensions

7/14/2015

 
USCIS has announced that, as of July 13, 2015, it will resume "premium processing" of H-1B extension petitions.

We previously alerted our readers that USCIS had suspended the "premium processing" service for H-1B extensions on May 26, 2015, so that the agency could efficiently implement the H-4 Work Authorization (EAD) rule.

The premium processing suspension was initially scheduled to last through July 27, 2015. However, USCIS received fewer H-4 Work Authorization applications than expected and has determined that it can effectively handle the current H-4 EAD and premium processing workload.

With this announcement, premium processing requests for H-1B petitions requesting an extension of stay for the H-1B worker may be filed concurrently with any petition filed on or after July 13, 2015.

Additionally, employers who filed H-1B extension petitions during the suspension period may "upgrade" those petitions to premium processing as of July 13, 2015.

As always, please contact us with any questions.

BREAKING NEWS: USCIS to Suspend Premium Processing for Some H-1B Petitions

5/19/2015

 
Minutes ago, USCIS announced that starting May 26, 2015, it will suspend the "premium processing" service for all H-1B petitions requesting an extension of stay for the H-1B worker.

The announcement states that this action is necessary so that USCIS can efficiently implement the 
H-4 Work Authorization rule, also scheduled to take effect on May 26.

Since the 90-day processing time for the H-4 work authorization does not begin until USCIS adjudicates the underlying H-1B and H-4 extension, USCIS clearly expects a significant number of concurrently filed H-1B/H-4 extensions requesting premium processing in an effort to expedite issuance of the H-4 Employment Authorization Card (EAD).

According to the announcement, this action only affects extension requests filed on or after May 26, 2015. USCIS will continue to premium process extension petitions file before May 26. The announcement also makes clear that premium processing is still available for all other H-1B petitions, including those requesting a change to H-1B status or consular notification.

As always, please 
contact us with any questions.

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