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USCIS Temporarily Suspends Premium Processing for H-1B Petition

On March 3, 2017, USCIS announced a temporary suspension of premium processing impacting all H-1B petitions received by USCIS beginning April 3, 2017.  The suspension will be in place for up to six months, supposedly to permit the agency to prioritize pending H-1B cases that are outside of their normal processing time and to reduce the backlog of pending H-1B cases filed in 2016.

The following case types will be impacted:

  • All H-1B petitions filed under the fiscal year 2018 H-1B cap;

  • All H-1B cap-exempt petitions; and

  • All non-cap H-1B extensions, all change of employer H-1B petitions, and all amended H-1B petitions.

The USCIS premium processing suspension does not impact a petitioner or beneficiary’s ability to request “expedited handling” of any kind of H-1B petition.  Such requests will be granted on a case-by-case discretionary basis, if the petitioner and/or beneficiary can establish severe financial loss to company or person, an emergency situation, a humanitarian situation, or governmental interest, amongst other criteria. 

Please note that the premium processing program suspension applies only to H-1B filings.  Employers may continue to use the premium processing service for, among others, L-1, O-1, TN, and I-140 immigrant petition filings.

© 2017 Dinsmore & Shohl LLP. All rights reserved.

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About this Author

Katie P. Jacob, Dinsmore, Labor Compliance Lawyer, non-immigrant filings Attorney
Associate

Katie Jacob is member of the Immigration Practice Group. She represents businesses, universities, families and individuals in a wide variety of immigration matters. Katie's experience includes handling all non-immigrant filings but not limited to H-1B, L-1, O-1, TN and E-2. She also is proficient in handling immigration filings including PERM Labor Certification (Special Handling for Colleges/Universities), National Interest Waiver Petitions, Extraordinary Ability Petitions, Outstanding Professor/Researcher Petitions, and Multi-National Manager/Executive Petitions.

(513) 977-8591
Gregory Adams, Dinsmore Law, Immigration Counsel, Higher Ed Lawyer
Partner

For more than 30 years, Greg Adams has counseled large and small domestic and international businesses, educational institutions, non-profit entities, investors, professional athletes, professors and researchers in all aspects of business-immigration and related laws. He has represented bi-coastal and other high tech clients in immigration matters, has helped companies to develop balanced immigration policies, and has architected legal and practical measures to handle large volumes of cases. Over the past two decades, Greg has developed novel approaches to challenging immigration dynamics and has overcome unfavorable governmental decisions for clients through a mix of persuasion and argument. A strong believer in problem-avoidance, Greg takes a proactive approach to case preparation and presentation. He has served as a bar association representative to the U.S. immigration agency, has taught immigration law at the University Dayton School of Law, and is a frequent speaker and author on immigration law topics. Since 1991 he has served as a senior editor of the annual Immigration and Nationality Law Handbook series.

513-977-8125