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.

The resumption of premium processing will, until further notice, also encompass soon-to-be filed H-1B “cap” petitions for FY 2020.

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.

Our Advice

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

For general advice and information on immigration and business travel to the US, please email us at enquiries@newlandchase.com