April 19, 2019

April 19, 2019

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Fiscal Year 2020 H-1B Cap Season Begins: Important Information on Premium Processing

USCIS has clarified the availability and implementation of premium processing for H-1B petitions filed under the FY 2020 H-1B cap. For the H-1B FY 2020 cap season, USCIS is offering a two-phased approach for premium processing. Starting April 1, H-1B petitioners requesting a change of status and extension of stay on their Form I-129 petition may request premium processing by concurrently filing a Form I-907 Request for Premium Processing. USCIS indicates it will delay the start of the 15-day premium processing period for these cases at least until May 20, 2019 in effect allowing time for USCIS to administer the FY 2020 H-1B lottery before the premium processing clock begins to run.

FY 2020 H-1B petitioners seeking premium processing, but not requesting a change of status, must wait at least until June 2019, when USCIS indicates it will make an announcement authorizing availability of premium processing and, at that time, may file a Form I-907. In effect, USCIS is staggering the availability of premium processing for H-1B FY 2020 cap cases, with priority to change of status cases.

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About this Author

Anthony Tony Derosby Immigration Attorney
Partner

Tony Derosby leads Pierce Atwood’s Immigration Practice Group. He has advised and supported business immigration clients on immigration and global mobility issues for more than 25 years.

Tony helps clients achieve business objectives in the recruitment, hiring, transfer, and retention of international personnel. He serves as immigration counsel for clients in a variety of industries, including health care, technology, education, finance, insurance, manufacturing, transportation, recreation, hospitality, forest products, and energy. His clients include publicly-traded and privately-...

207-791-1343
Katie Nokes Minervino Employment Immigration Attorney
Partner

Katie Minervino has been practicing exclusively employment-based immigration law for the past ten years, helping employers and employees create and execute immigration strategies to meet their short- and long-term immigration needs.

Katie has a national business immigration practice that includes obtaining immigration benefits for workers in a variety of industries and in a wide range of immigration work authorized categories, and she works closely with clients to ensure their immigration needs are met in a timely and efficient manner by corporate immigration attorneys who are personally engaged in and invested in each process. Katie also has specialized expertise on employer compliance in verifying the employment authorization of US workers. She is the current Vice-Chair of the American Immigration Lawyers Association Verification & Worksite Enforcement Liaison Committee and tracks closely developments relating to the Form I-9, E-Verify, and other enforcement-related developments. 

Honors & Distinctions

  • Recognized by Chambers USA 2018 as an "Up and Coming" attorney in Labor and Employment: Immigration

  • Received a 2013 Outstanding Service Award from the Immigrant Legal Advocacy Project in Maine for pro bono representation of asylum seekers. Katie has been honored through the Katahdin Counsel Recognition Program (2012, 2013, 2014) created by the Maine Supreme Judicial Court for her pro bono service.

  • Received the firm's first-ever Scribner Firm Impact Award for her work to keep pro bono and community service top-of-mind at the firm.

  • Co-chair of the Pierce Atwood Diversity and Inclusion Committee. 

Professional Activities

  • Current Vice-Chair (2017-2018) of the American Immigration Lawyers Association Verification & Worksite Enforcement Liaison Committee

  • Member, AILA, Verification & Worksite Enforcement Liaison Committee 2014-2015, 2015-2016, and 2016-2017

  • Frequent speaker on immigration-related topics

Civic Activities

  • Pro bono panel attorney, Immigrant Legal Advocacy Project

EDUCATION

  • University of Miami School of Law, J.D., cum laude (2007)

  • University of Notre Dame, B.A., magna cum laude (2004)

BAR ADMISSIONS

  • Maine

  • U.S. District Court, District of Maine

207-791-1198