Premium Processing for Pending H-1B Cap Cases Reinstated

USCIS has announced that starting January 29, 2019, they will accept requests for premium processing “upgrades” for pending H-1B cap cases which were filed in April 2018.  This reinstatement of premium processing applies only to “regular” and “master’s” cap cases which are still pending at this time.   Premium processing remains available for H-1B extensions with the same employer which are filed with the Nebraska Service Center and cap-exempt employer H-1B petitions filed with California Service Center.

Background of the H-1B Premium Processing Service Suspension

Effective September 11, 2018 USCIS had suspended premium processing for most H-1B petitions until February 19, 2019.  All H-1B new employment, transfers and amendments filed with the California or Vermont Service Centers were affected.  Only H-1B cap-exempt employer (filed with the California Service Center) and H-1B extensions without change with the same employer (filed with Nebraska Service Center) continue to be eligible for premium processing.

This suspension has caused significant disruption to many H-1B employers and employees, many of whom have had to postpone important plans or actions due to the extremely long H-1B regular processing times.

The rationale behind this temporary suspension of the premium processing option for most H-1B petitions seems to be heavy demand and high number of H-1B filings together with the fact that regular H-1B case processing times have been steadily going up with some H-1B petitions taking more than ten months to review and process.

Premium Processing Reinstated for Pending FY2019 H-1B Cap Petitions

As of January 29, 2019, premium processing is reinstated for pending FY2019 H-1B cap petitions.   Since the H-1B cap for fiscal year 2019 has been reached and no new petitions can be filed, USCIS is essentially allowing pending H-1B cap petitions to be upgraded to premium processing.     Under the terms of the premium processing service, once USCIS receives the premium processing upgrade request, they would issue a decision within 15 calendar days.

When Would Premium Processing be Reinstated for Other Types of H-1B Petitions?

While we do not have a specific commitment by USCIS for reinstatement of premium processing for all other types of H-1B petitions, we are noticing that they are aiming to reinstate the premium service gradually, to certain sets of H-1B petitions.    Our expectation is that premium processing for most, if not all, types of H-1B petitions will be available by late February 2019.

Conclusion

The extraordinary suspension of premium processing for a number of months has caused significant hardship on many employers and employees and we welcome the reinstatement of at least some premium processing service.

We urge H-1B employers who have filed or are planning to file H-1B petitions, including extensions or change of status applications, to plan carefully and consider the timings of such applications and the anticipated reinstatement of premium processing service over the following weeks.

Please do not hesitate to contact us if we can be of any help in preparing for this unanticipated H-1B premium processing disruption of service.    Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.