USCIS is extending the suspension of Premium Processing for all H-1B cap-subject petitions currently pending with the agency. USCIS has in the past several years suspended premium processing for cap cases for the summer, and then lifted the suspension around October 1. This year, USCIS has announced that the suspension will continue until February 19, 2019.
In addition, as of September 11, 2018, USCIS will suspend Premium Processing (PP) requests for H-1B petitions filed with the Vermont Service Center—and certain H-1B petitions filed at the California Service Center—until February 19, 2019. Further, the suspension on H cap petitions filed for FY2019 will also continue until February 19, 2019.
USCIS will continue to accept and process PP requests on H-1B petitions received before September 11, 2018. However, USCIS has also advised that they will refund the PP filing fees on PP requests filed before September 11, 2018 if the agency cannot adjudicate the case within the 15-calendar-day processing period. This provides a buffer for an agency overwhelmed with PP filings.
This suspension will affect H-1B visa petitions requesting a change of employer, or a change to previously approved employment with the same employer.
USCIS will continue to accept PP filings only for the following case types:
- Cap-exempt filings filed at the California Service Center (i.e., those based on the employer being cap exempt; or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization)
- Extension-of-status petitions filed at the Nebraska Service Center (i.e., an employer requesting “continuation of previously approved employment without change with the same employer”)
While the H-1B premium processing suspension is in effect, employers may request expedited adjudication on an H-1B petition only if they meet at least one of the criteria on the Expedite Criteria web page, and can submit documentary evidence to support their expedite request. Note that expedites are discretionary on the part of USCIS, and rarely granted.
Updates as they occur can continue to be found on our news page: http://www.jackson-hertogs.com/news-2/
