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Temporary Suspension of Premium Processing for FY2019 H-1B Cap Cases

By Shaoul Aslan‡ on March 21, 2018
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The United States Citizenship and Immigration Service (USCIS) announced a temporary suspension of premium processing for 2019 Fiscal Year H-1B cap-subject petitions, including those cases seeking exemption on the basis of the beneficiary having obtained a U.S. masters or higher degree. It is expected that the temporary suspension will last until Sept. 10, 2018. The reason for the temporary suspension is to help reduce the overall processing times of H-1B petitions.

While the temporary suspension is in place, the USCIS will reject all Forms I-907 that are filed with the FY 2019 H-1B cap-subject petitions. In cases where one check covers both the premium processing (Form I-907) and the petition (Form I-129) fees, the service will reject both applications.  If the petitions are filed with two separate checks, then only the premium processing (Form I-907) will be rejected and returned. USCIS will inform stakeholders when the temporary suspension will be lifted. Once lifted, a petitioner can file a request using Form I-907 to move to premium processing.

During the period of temporary suspension, the USCIS will continue to accept premium processing requests for non-cap subject FY 2019 H-1B petitions.

The USCIS will continue to accept and rule on requests to expedite a FY 2019 H-1B cap-subject petition that falls within the parameters set forth in the Expedite Criteria webpage.

Photo of Shaoul Aslan‡ Shaoul Aslan‡

Shaoul Aslan focuses his practice on a wide range of immigration and nationality matters, representing both corporate clients and individuals before the U.S. Citizenship and Immigration Services (formerly Immigration and Naturalization Service), the U.S. Department of State and the U.S. Department of Labor.

Shaoul Aslan focuses his practice on a wide range of immigration and nationality matters, representing both corporate clients and individuals before the U.S. Citizenship and Immigration Services (formerly Immigration and Naturalization Service), the U.S. Department of State and the U.S. Department of Labor. Shaoul counsels on immigration matters pertaining to international transfer of personnel and other immigration-related issues. He develops an appropriate strategy to obtain the necessary nonimmigrant visa classification to permit employment authorization for the transferred employees and their dependents, obtaining the required approvals from the Citizenship and Immigration Services, and the issuance of the visa to the employee and his or her dependents. The counseling may also involve obtaining permanent resident status for the employee and his and her dependents.

‡ Admitted in the District of Columbia. Not admitted in Virginia. Practice limited to federal immigration practice.

Read more about Shaoul Aslan‡Email
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  • Posted in:
    Immigration
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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