Premium processing resumed on September 18, 2017.
US Citizenship and Immigration Services (USCIS) announced on September 18, 2017 that it will once again allow premium processing of all H-1B petitions subject to the Fiscal Year (FY) 2018 cap. The annual cap or limitation on the approval of new H-1B petitions is set at 65,000, with an additional set-aside of 20,000 for petitions for beneficiaries that have a US master’s or higher degree. The USCIS announced on March 3, 2017 that it was temporarily suspending premium processing of all H-1B petitions, including those that are cap-subject.
To request premium processing of a pending cap-subject H-1B petition, the petitioner must file Form I-907, together with a fee of $1225. In return for this fee, the USCIS guarantees a processing time of 15 calendar days, and will either approve or deny the petition or issue a Request for Evidence within this timeframe. If this processing time is exceeded, the USCIS will refund the premium processing fee. Premium processing can be requested while the case is pending and also in conjunction with the submission of the response to a previously issued Request for Evidence.
Premium processing remains temporarily suspended for other H-1B petitions, including those seeking amendments, extensions of stay, or changes of employer for beneficiaries currently holding H-1B status. The USCIS previously resumed premium processing of H-1B petitions filed for physicians under the Conrad 30 waiver program and interested government agency waivers, as well as for H-1B petitions not subject to the cap.
If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following Morgan Lewis lawyers:
A. James Vázquez-Azpiri