May 27, 2020

May 27, 2020

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May 26, 2020

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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.

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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 Attorney 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.

Experience

Immigration Cases

Mr. Adams has handled thousands of immigration cases during the course of his more than two decades of practice as an immigration lawyer. Mr. Adams' experience includes the following: 

• Advising companies on I-9 (Employment Eligibility Verification) compliance matters, and providing I-9 training; 

• Handling a large volume of all types of L (intracompany transferee) work visa cases on behalf of executives, managers, and specialists with multi-national organizations, including for companies with new U.S. offices and multi-national companies that qualify for L blanket status; 

• Handling a large volume of H-1B (specialty occupation professional) work visa petitions of all types including those involving complex degree equivalency issues and for start-up companies, as well as for Singaporean and Chilean nationals under the special treaty that applies to them; 

• Handling a large volume of TN (Trade NAFTA) work visa applications for a wide array of occupations on the NAFTA list of occupations; 

• Handling a large volume of E-1 and E-2 (treaty trader/investor) visa applications for foreign companies that make an investment in a U.S. company; 

• Handling a large volume of O-1 (extraordinary ability) work visa cases for entertainers, athletes, artists, engineers, scientists, business professionals and others; 

• Handling a wide array of B-1 (business visitor) visa applications including for persons with special challenges such as past denials, security check issues, and unusual dynamics; 

• Handling a large number of J-1 (exchange visitor) visa applications and related J-1 waiver issues; 

• Counseling F-1 foreign students on work authorization and maintenance of status issues; 

• Securing K-1 and K-3 visas for fiancées and relatives of U.S. citizens; 

• Assisting foreign nationals in applying for and securing U.S. visas of all types at U.S. Embassies around the world.

513-977-8125