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].
This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington.
