United States – USCIS to Resume Premium Processing for Certain Pending H-1B Petitions

What has changed

On February 19, 2019, The U.S. Citizenship and Immigration Services (USCIS) announced that it will resume premium processing for pending H-1B petitions filed on or before December 21, 2019.

Previously, premium processing for FY 2019 H-1B cap petitions was suspended effective on April 2, 2018, and the suspension was later extended and expanded.

On January 28, 2019, USCIS resumed premium processing for all fiscal year (FY) 2019 H-1B cap-subject petitions.

Who is affected

Clients who have hired or intend to employ foreign nationals in the United States.

What to expect

As agency workloads permit, the USCIS plans to resume premium processing for the remaining categories of H-1B petitions.

The premium processing service permits employers to request the USCIS to adjudicate H-1B petitions within fifteen (15) calendar days by submitting Form I-907 (Request for Premium Processing Service) and an additional filing fee of USD $1410. If the USCIS does not take certain adjudicative action within the fifteen (15) calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition.

What you need to do

Contact your Emigra Worldwide representative for further details on how these updates may impact you or your client.

This alert was prepared with information provided by Gibney, Anthony & Flaherty and Peregrine Immigration.