United States – USCIS Resumes Premium Processing for All H-1B Petitions

What has changed

On March 12th, the U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B petitions. Pending H-1B petitions, including those that have received a Request for Evidence from USCIS, may be converted to premium processing through the filing of a Form 1-907 with the appropriate filing fee. The resumption of premium processing will, until further notice, also encompass soon-to-be filed H-1B “cap” petitions for FY 2020.

Who is affected

Clients who have hired or intend to employ foreign nationals with H-1B petitions in the U.S.

What to expect

Background

The premium processing service permits employers to request USCIS to adjudicate H-1B petitions within fifteen (15) calendar days by submitting Form I-907 (Request for Premium Processing Service) and an additional filing fee of USD 1410. If USCIS does not take certain adjudicative action within the fifteen (15) calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition.

Premium processing for FY 2019 H-1B cap petitions was suspended effective April 2, 2018, and the suspension was later extended and expanded. On January 28, 2019, USCIS resumed premium processing for all fiscal year (FY) 2019 H-1B cap-subject petitions, and on February 19, 2019 for pending H-1B petition filed on or before December 21, 2019.

What you need to do

Employers who may be affected are encouraged to contact Emigra Worldwide for case-specific advice.

This alert was prepared with information provided by Newland Chase.