USCIS Will Reinstate Premium Processing for H-1B Cap Cases Only

Special Immigration Alert

U.S. Citizenship and Immigration Services (“USCIS”) has officially announced that as of Monday, January 28, 2019, it will begin accepting premium processing for Fiscal Year 2019 H-1B Cap cases pending adjudication. These H-1B petitions—along with H-1B petitions for Cap-exempt employers and H-1B extensions to be filed for same positions with the same employers—are allowed premium processing. Premium processing for all other H-1B petitions—including those for Fiscal Year 2020 H-1B Cap filings, H-1B change of employers, H-1B extensions with changes in employment, or H-1B amendments—continue to be barred from premium processing.

Upon payment of an additional $1,410 USCIS filing fee, premium processing allows a petition to be adjudicated within 15 calendar days after it has been received by USCIS.   With current H-1B petition adjudication times taking approximately 8.5 to 11.5 months, many companies view the faster adjudication time worth the cost.  We will keep you posted should USCIS allow premium processing for additional H-1B petitions.

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If you have any questions regarding this Alert or any other U.S. immigration issues, please contact Epstein Becker Green’s immigration team:

Jang Hyuk Im
San Francisco
415/399-6067
[email protected]

Patrick G. Brady
Newark
973/639-8261
[email protected]

Jungmin Choi
Newark
973/639-5226
[email protected]

Arit Butani
San Francisco
415/399-6026
[email protected]