Premium Processing for Most H-1B Petition Categories Suspended

Published on August 30, 2018

Starting September 11, 2018, USCIS will no longer accept Premium Processing for any non-cap-exempt H-1B petitions filed at the Vermont and California Service Centers. This is an expansion to the suspension already in place for FY19 H-1B cap cases. The suspension will now apply to all H-1B cases with the exception of H-1B petitions filed at the Nebraska Service Center by the same employer requesting a continuation of previously approved employment without a change in the position, as well as H-1B petitions that are filed by cap-exempt employers. H-1B extensions filed with the same employer, but requesting an amendment to the previously approved H-1B position, will also be subject to the Premium Processing suspension. USCIS estimates that the suspension will last until February 19, 2019.

As USCIS is currently taking approximately six months to adjudicate H-1B petitions filed under regular processing, this suspension will significantly impact foreign nationals in H-1B status who are seeking to change employers. Accordingly, employers seeking to hire foreign nationals in H-1B status should be advised of the risks involved with the new processing limitation. Please contact the immigration attorneys at Ryan Swanson as soon as possible if your company is considering filing any H-1B petitions for any new or existing employees.

Please contact the immigration attorneys at Ryan Swanson if you have any questions.

Jen Chen can be reached at 206.654.2250 or [email protected]. 
Marsha Mavunkel can be reached at 206.654.2253 or [email protected].
Amy Royalty can be reached at 206-654-2260 or [email protected].
Joel Paget can be reached at 206.654.2215 or [email protected].
Janet Cheetham can be reached at 206.654.2235 or [email protected].
Cody Nunn can be reached at 206.654.2280 or [email protected].