October 21, 2019

October 21, 2019

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USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

Starting on Monday, Jan. 28, USCIS will resume premium processing for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the Master Cap). This applies to any H-1B cap petition filed in or before April 2018. Any petitioner who has received requests for evidence (RFEs) regarding their pending FY2019 cap petitions may include a request for premium processing form (Form I-907) with their RFE response.

The previously announced temporary suspension of premium processing remains in effect for all other categories of H-1B petitions to which it applied. USCIS plans to resume premium processing for the remaining categories of H-1B petitions as soon as capacity permits and will notify the public accordingly. This latest announcement throws into doubt whether USCIS will resume premium processing on Feb. 19, 2019, as previously announced in September 2018.

When a petitioner requests premium processing service, USCIS guarantees a 15-day processing time. If USCIS does not take adjudicative action within the 15-calendar day processing time, the Service will refund the petitioner’s premium processing service fee and continue to expedite processing of the petition. This service is only available for pending petitions, not new submissions.

*Special thanks to Lou Metsu for his assistance with this post.

©2019 Greenberg Traurig, LLP. All rights reserved.

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About this Author

Rebecca B. Schechter, Greenberg Traurig Law Firm, Northern Virginia, Immigration Law Attorney
Of Counsel

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations and companies, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher petitions and labor certification applications. Rebecca regularly assists GT clients with global immigration matters, including business and work visas to countries in Europe, the Middle East, Asia, and Latin America. She also works on state and federal I-9 and E-Verify...

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