Suspension Of H-1B Premium Processing To Continue

The temporary suspension of premium processing for all FY 2019 H-1B cap-subject petitions is set to continue beyond September 10, 2018. USCIS had previously announced the suspension of premium processing for all FY 2019 H-1B cap petitions in March 2018, and the suspension was slated to last until September 10, 2018. USCIS has now extended the temporary suspension through an estimated date of February 19, 2019.

Additionally, starting September 11, 2018, premium processing will also be suspended for all types of H-1B petitions filed at the Vermont and California Service Centers, except the following:

• H-1B cap-exempt petitions filed with California Service Center – where either the H-1B petitioner is cap-exempt or the beneficiary will be employed at a qualifying cap-exempt institution;
• H-1B petitions seeking continuation of previously approved employment without change with the same employer, that are filed with Nebraska Service Center.

USCIS will continue to adjudicate the above H-1B petitions under premium processing if the premium processing request is filed before September 11, 2018. USCIS will refund the premium processing fee if the Form I-907 was filed before September 11, 2018, and the H-1B petition was not adjudicated within the 15 days premium processing period.

During this temporary suspension, if a petitioner submits one combined check for the fees for Form I-907 and Form I-129, both forms will be rejected.

NOTE: While premium processing is suspended, a petitioner may still submit a request to expedite an H-1B petition if it meets one or more of the expedite criteria which includes emergency situations, humanitarian reasons, Department of Defense or national interest situation, or a severe financial loss to the company or person. USCIS will review such expedite requests on a case-by-case basis.

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