USCIS Temporarily Suspends Premium Processing of H-1B CAP Petitions ONLY
USCIS has just announced that effective April 1, 2020, they are temporarily suspending premium processing for H-1B cap petitions which are selected under the H-1B lottery. Please note that this suspension applies only to H-1B cap petitions filed under the annual H-1B cap season and it is expected that the premium processing service will be reinstated for all cap cases towards late June 2020. All other H-1B petitions – such as extensions, transfers, amendments – continue to be eligible for premium processing service.
Premium Processing Will Resume in Stages
Similar to what USCIS has done in the past, premium processing will resume in two stages. First, USCIS will reinstate premium processing for cap-subject H-1B petitions claiming the advanced degree exemption (the U.S. master’s degree cap) and requesting a change of status from F-1 nonimmigrant status. This is anticipated to happen no later than May 27, 2020. The second phase will include all other FY 2021 cap-subject petitions and this is expected to happen no later than June 29, 2020.
Reasons for Temporarily Suspending H-1B Premium Processing
The rationale behind this temporary suspension of the premium processing option for all H-1B cap petitions seems to be the anticipated heavy demand and high number of H-1B “cap” filing starting April 1, 2020 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.
Conclusion
We urge H-1B employers who are planning to file H-1B cap petitions to plan carefully especially in cases where the H-1B cap beneficiaries are in an F-1 status situation with expiring work authorization during the summer months.
Please do not hesitate to contact us if we can be of any help in preparing for this H-1B cap premium processing disruption of service. We are also assisting many H-1B cap applicants and we are happy to offer information and a quote for our services Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.
About the Author: Dimo Michailov
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The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration. Disclaimer: we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts. It is not to be construed as legal advice.