June 26, 2019

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Premium Processing Begins for Remaining H-1B Cap-Subject Petitions on June 10, 2019

Per its announcement on June 7, USCIS started accepting premium processing requests for all remaining FY 2020 cap-subject H-1B petitions on June 10, 2019. This allows petitioners to file Form I-907, Request for Premium Processing Service with the service center processing their cap-subject H-1B petition. Previously, USCIS accepted premium processing requests only for FY 2020 cap-subject H-1B petitions requesting a change of status.

On March 19, USCIS announced it would offer premium processing requests in a two-phase approach for the FY 2020 cap season to “best manage the premium processing requests without fully suspending it as in previous years.” The first phase allowed premium processing for FY 2020 cap-subject H-1B petitions requesting a change of status. The second phase now allows premium processing for all other FY 2020 cap-subject H-1B petitions.

Initially starting April 1, FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker could request premium processing by concurrently filing Form I-907, Request for Premium Processing Service with the petition. However, USCIS would not begin premium processing for these petitions until May 20, 2019. Petitioners who did not file Form I-907, Request for Premium Processing Service concurrently with an FY 2020 cap-subject H-1B petition requesting a change of status had to wait until premium processing began on May 20 to submit Form I-907, Request for Premium Processing Service.

Prepaid Mailer Temporary Suspension:

From June 10 to June 24, USCIS will not use prepaid self-addressed return mailers to return final notices for premium processing for FY 2020 cap-subject petitions that do no request a change of status. USCIS claims “using pre-paid mailers requires a separate and more time-consuming manual process” while use of “regular mailer is fully automated.”

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About this Author

Yama Keshawerz GT Law Virgina Immigration & Compliance Associate
Associate

Yama Keshawerz provides businesses with strategic immigration advice and delivery of immigration services including securing and advising on visa classification for specialty occupation workers, intracompany transferees, E-3 and H-1B1, and NAFTA professional workers. Yama also prepares and files nonimmigrant petitions via USCIS service centers and U.S. consulates; immigrant petitions based on labor certification, extraordinary ability, outstanding researcher, and multinational manager; PERM labor certification; and complex Request for Evidence responses.

Previously, Yama served as a...

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