February 25, 2020

February 24, 2020

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USCIS Resumes Premium Processing for All H-1B Petitions Filed on or Before December 21, 2018

Beginning February 19, 2019, U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for all categories of H-1B petitions that were filed on or before December 21, 2018. USCIS has been gradually reinstating the premium processing program for limited categories of H-1B petitions.

Premium processing remains suspended for the following H-1B petitions received on or after December 22, 2018:

  • H-1B petitions to request a change of employer
  • H-1B petitions to amend existing H-1B status
  • H-1B petitions to change visa status from one visa type to another (for cases not subject to the H-1B cap)

USCIS has indicated that it will resume premium processing for the remaining categories as soon as the agency’s workload permits, but it has provided no indication as to when that might occur.

USCIS has not indicated whether premium processing will be available for the upcoming cap filing season for the fiscal year 2020, which will begin on April 1, 2019. In years past, USCIS has temporarily suspended premium processing for H-1B cap-subject cases for several weeks.

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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...

Stephen Smalley, Ogletree Deakins Law Firm, Immigration Law Attorney

Mr. Smalley is the Managing Director of Emigra Ogletree Worldwide, a partnership of two leading firms, Ogletree Deakins and Emigra. Emigra Ogletree Worldwide provides a single-source for global and U.S. immigration services. Emigra Ogletree Worldwide brings unique advantages to our clients while providing seamless and consistent immigration services throughout the world. As Managing Director, Mr. Smalley oversees the day to day management of the organization, including oversight of work visa preparation to more than 100 countries worldwide.