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August 03, 2020

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FY 2021 H-1B Cap Season Update: Premium Processing to Be Implemented in Two Phases

For the second straight year, U.S. Citizenship and Immigration Services (USCIS) will implement a staggered approach to premium processing for the H-1B cap season. For fiscal year (FY) 2021, USCIS will make premium processing available in two phases.

Phase One: Requests to Change Status From F-1

  • The initial resumption of premium processing will be limited to H-1B cap-subject petitions, including those eligible for the advanced degree exemption who are requesting a change of status from F-1 student status.
  • According to USCIS, the agency will begin premium processing for cases falling under the first phase no later than May 27, 2020. It is unclear whether disruptions caused by the COVID-19 pandemic will affect that timeline.
  • USCIS will notify the public before premium processing for these petitions officially begins.

Phase Two: All Other Cap-Subject H-1B Petitions

  • Premium processing for all other cap-subject H-1B petitions will not begin until at least June 29, 2020.
  • USCIS will issue an announcement to provide a date on which the second phase will officially begin.

H-1B petitioners may not file requests for premium processing concurrently with their H-1B petitions when the 90-day filing window begins on April 1, 2020. Instead, petitioners will have the opportunity to upgrade to premium processing once premium processing resumes for their petition types.

For the time being, cap-exempt petitions, such as extensions of stay, remain eligible for premium processing.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume X, Number 79


About this Author

Melissa Manna, Ogletree Deakins Law Firm, Raleigh, Immigration Practice Group Writer
Immigration Practice Group Writer

Melissa Manna is an Immigration Practice Group Writer. Her primary focus is writing and editing legal articles relating to immigration for the firm’s online and print publications, websites, and newsletters.

Prior to joining Ogletree Deakins, Melissa spent 9 years as in-house counsel at TowerCo, one of the largest independent wireless tower companies in the U.S., representing the company in all aspects of commercial real estate. During that time she managed due diligence, advised and implemented risk management solutions, and closed transactions...