On March 3, 2017, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will suspend premium processing for all H-1B petitions. Premium processing is an expedited filing option. Employers submit a premium processing request on Form I-907 and pay an additional fee so that USCIS takes action on the petition within 15 calendar days.
According to USCIS, the temporary suspension aims at reducing H-1B processing times. By temporarily suspending premium processing, the USCIS shall be able to:
- process long-pending petitions, which weren’t processed due to the high volume of incoming premium processing requests; and
- prioritize adjudication of H-1B extension of status cases that are nearing the 240 day mark beyond which the employee will no longer be authorized to work.
The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017 and it may last up to six months. During this time, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification. Practically, this includes all Fiscal Year 2018 H-1B cap filings, as well as H-1B change of employer, H-1B extension and H-1B amendment filings.
The Premium Processing suspension may delay H-1B holders – or prospective holders’ – ability to travel internationally between April 3 and the approval of the H-1B cap petition as petitions will be deemed abandoned in case of travels while a change of status is pending and before the petition is approved.
This may also delay applicants’ waiting time to find out if they were selected in the H-1B visa lottery starting on April 3, 2017, and will receive adjudication.
Even H-1B holders that are changing employers will be affected. If employees would rather have an approval for the new H-1Bs before leaving their current jobs, they could have to wait months if H-1B petition by the new employer is filed after April 3, 2017.
The USCIS will notify the public before resuming premium processing for H-1B petitions.
While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet the criteria on the Expedite Criteria webpage.
USCIS statement is available at here
To further discuss the options available to employees and business, contact Craig Dobson
