April 15, 2021

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USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions

USCIS is extending the temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. The suspensions are expected to last until Feb. 19, 2019.  While H-1B premium processing is suspended, USCIS will reject any request for premium processing filed with Form I-129, Petition for a Nonimmigrant Worker. If a petitioner submits one combined check for the Form I-907 and Form I‑129 H-1B fees, both forms will be rejected.

While the expanded temporary suspension applies to all H-1B petitions filed at the Vermont and California Service Centers (excluding cap-exempt filing from qualified cap-exempt institutions), it does not apply to those petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer.”

While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet the criteria on the Expedite Criteria webpage.

This temporary suspension of premium processing does not apply to any other nonimmigrant classifications filed on Form I-129.

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©2021 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume VIII, Number 242
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About this Author

Associate

Caterina Cappellari focuses her practice on employment-based immigration as well as nonimmigrant work and investor visas, including: H-1B “specialty occupations” visas; TN Professionals Under the North American Free Trade Agreement visas; E-2 investor visas; L-1A visas for executives and managers; L-1B visas for workers with specialized knowledge; O visas for “extraordinary ability;” and R-1 Temporary Nonimmigrant Religious Workers visas.

She also assists clients with labor certifications (PERM), interviews at USCIS, 601/601A waivers, U-visas, consular processing...

678.553.2497
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