Published on 3/17/2020
U.S. Citizenship and Immigration Services (USCIS) announced the temporary suspension of premium processing service for fiscal year (FY) 2021 cap-subject H-1B petitions. Petitioners filing H-1B cap-subject petitions will not be able to request premium processing when filing H-1B cap petitions starting on April 1, 2020.
USCIS will then resume premium processing in a two-phased approach. During the first phase, which is anticipated to begin no later than May 27, 2020, employers may request premium processing for H-1B cap-subject petitions requesting a change of status from F-1 nonimmigrant status. During the second phase, which is anticipated to begin on or after June 29, 2020, USCIS will accept premium processing requests for all other H-1B cap-subject petitions.
USCIS will reject any premium processing request concurrently filed with a cap-subject H-1B petition until premium processing becomes available. Employers filing H-1B cap-subject petitions will be eligible to upgrade to premium processing by interfiling Form I-907, Request for Premium Processing Service, with the applicable $1,440 fee, once premium processing resumes.
Premium processing remains available for H-1B petitions that are exempt from the cap, including H-1B transfers and extensions of stay with the same employer.
If you have any questions about the H-1B cap filing season, please contact the immigration attorneys at Ryan Swanson.
Marsha Mavunkel can be reached at [email protected].
Amy Royalty can be reached at [email protected].
Cody Nunn can be reached at [email protected].
Jen Chen can be reached at [email protected].
Janet Cheetham can be reached at [email protected].
Joel Paget can be reached at [email protected].
