USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

Effective January 28, 2019, USCIS is resuming premium processing for all fiscal year (FY) 2019 H-1B cap petitions. Petitioners may now interfile requests for premium processing of H-1B cap petitions that were filed in April 2018 and are still pending.  Petitioners who have received Requests for Evidence (RFEs) on FY 2019 H-1B cap petitions may also submit premium processing requests when filing RFE responses.  A request for premium processing service must be made on Form I-907 and must be accompanied by the $1,410 filing fee.  USCIS then guarantees a 15-day processing time for the petition. If USCIS does not take certain adjudicative action within the 15 calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition.

Premium processing remains suspended for H-1B petitions requesting new employment, amendments to existing employment, or changes of employer. This suspension is projected to remain in effect until February 19, 2019. Petitioners who are filing H-1B extension of status petitions with no material change to the job, as well as certain cap-exempt employers, may continue to request premium processing service.

Gibney is actively monitoring developments and we will provide an update when premium processing for additional H-1B petitions is reinstated.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

The general information provided herein is not intended to serve as a source of legal advice for any purpose. Please contact your designated Gibney representative or immigration counsel for specific legal advice.