June 19, 2019

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USCIS Resumes Premium Processing for a Limited Number of H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) announced the reinstatement of the premium processing program for a limited number of H-1B petitions. Premium processing will resume on January 28, 2019, for fiscal year (FY) 2019 H-1B cap cases (those subject to the annual quota). FY 2019 H-1B cap cases were those that were filed in April 2018 and were subject to the annual H-1B lottery. Because most of those cases have already been adjudicated, the resumption of premium processing is available only for a small number of cases.

The premium processing suspension remains in effect for many H-1B petition types, including the following:

  • 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)

Employers may want to consider requesting premium processing for FY 2019 H-1B cap cases still pending with USCIS. Employers that received requests for evidence (RFEs) for pending FY 2019 petitions must submit their RFE responses with their request for premium processing.

© 2019, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.

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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...

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