On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it resumed Premium Processing for pending H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap.
Processing for Non-Cap Subject H-1B Petitions
Premium Processing was previously suspended for all H-1B petitions starting April 3, 2017, and subsequently reinstated for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers. Premium Processing is still suspended for all other H-1B petitions, including amendments and extensions of stay. USCIS noted that it plans to resume Premium Processing for all other remaining petitions not subject to the FY 2018 cap, when resources are made available. Remaining petitions not eligible for Premium Processing may be eligible to submit an expedite request if certain criteria is met. USCIS reviews all expedite requests on a case-by-case basis.
What Employers Can Expect
Employers with pending H-1B cap-subject petitions can now request an upgrade to Premium Processing by filing Form I-907 and submitting the $1,225 filing fee. USCIS must respond within the 15-day period with either an adjudication or Request for Further Evidence, or will refund the fee. USCIS has stated that approval by early October is not guaranteed.
Please visit the USCIS website for further details. We will continue to monitor these updates. For more information, see our previous alert, “Immigration Alert: Premium Processing Suspended For All H-1B Petitions Starting April 3rd.”
Gibney will continue to closely monitor these developments. For more information on this alert, please contact your designated Gibney representative, or email firstname.lastname@example.org.