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Important Information and Updates Concerning Immigration Law

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

Premium Processing withheld for Non-Cap-Exempted H-1B Specialty Occupation Petitions

United States Citizenship and Immigration Services (USCIS) has announced that it will be suspending premium processing services for H-1B petitions subjected to the fiscal year 2019 cap, including those seeking exemptions for individuals with a master's degree or higher, until the expected date of September 10th, 2018. USCIS is to begin accepting these petitions this coming April 2nd.

USCIS Suspends Premium Processing for H-1B Petitions

USCIS will thus be rejecting any Form I-907, Request for Premium Processing Service, filed with an H-1B petition. Furthermore, if a petitioner submits a combined check for a Form I-907 and Form I-129, Petition for a Nonimmigrant Worker, both forms will be rejected

When premium processing services are resumed - of which USCIS will issue a public notification - petitioners may then file Form I-907s for any cap-subject H-1B petitions that remain pending.

USCIS has stating that its reasoning for the suspension is that it will assist in the overall and targeted processing times of H-1B and other immigration petitions as a whole.

Expedited Processing

While the suspension of premium processing services is ongoing, petitioners may submit requests for expediting affected H-1B petitions, provided the petition's situational conditions meet one or more of the following criteria

  • Severe financial loss to company or erso.
  • Emergency situation.
  • Humanitarian reasons.
  • Nonprofit organization whose request is in furtherance of the cultural and social interests of the United State.
  • Department of Defense or tional terest tuation (these particular expedite requests must come from an official U.S. government entity in stating that a delay will be detrimental to the government).
  • USCIS error.
  • Compelling interest of USCIS.