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USCIS Announces More H-1Bs Eligible for Premium Processing

On Friday, February 15, 2019, USCIS announced that on Tuesday, February 19, it will resume premium processing eligibility for additional H-1B petitions filed on or before December 21, 2018. This new announcement does not change FY 2019 H-1B cap filings, which are eligible for premium processing as announced on January 28, 2019, regardless of when they were filed.

Below is a list of H-1B petitions now eligible for premium processing, including upgrades of any pending H-1B petitions:

  • Cap-exempt H-1Bs based on employment with institutions of higher education and certain nonprofit research institutions (these have always been eligible for premium processing);

  • H-1B extensions with the same employer without a change in prior employment regardless of when filed;

  • FY H-1B 2019 cap-subject petitions still pending with USCIS regardless of when filed (not FY 2020 cap-subject cases to be filed on April 1, 2019); and

  • All other pending H-1Bs filed on or before December 21, 2018.

USCIS indicates it will continue to add the premium processing option for H-1B petitions as the agency’s workload permits.

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About this Author

William L. Coffman, Immigration Lawyer, Mintz Levin
Special Counsel

Bill’s legal work focuses on immigration and nationality law, as well as outbound emigration and related international law. Bill regularly represents clients in immigration matters before the US Citizenship and Immigration Services (USCIS) and the Department of Labor, as well as before US and foreign consulates.

During law school, he served on the editorial board of the Houston Journal of International Law.