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

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.

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