Update: Premium Processing for FY 2019 H-1B Cap Cases Resumes

Practice Areas

By Angelita Chavez-HalakaArmando EscobedoGladys Gervacio

Summary

On Monday, January 28, 2019, USCIS will reinstate Premium Processing for Fiscal Year (FY) 2019 H-1B Cap Petitions, including H-1B Master’s Cap for the advanced degree exemption.

Qualifying H-1B Cases:

  • Pending FY 2019 H-1B Cap Petitions; those cases that have been issued a Request for Evidence (RFE) should include Premium Processing fees and Form I-907 along with the RFE response.
  • H-1B Petitions exclusively filed at the California Service Center (CSC) where the beneficiary will be employed by a Cap-Exempt qualifying institution, entity, or organization;
  • H-1B Petitions exclusively filed with the Nebraska Service Center requesting a “Continuation of previously approved employment without change with the same employer” with a concurrent request to:
    • Notify the consular office so that beneficiary can obtain a visa or be admitted; or
    • Extend the stay of the beneficiary because he now holds this status

Premium Processing for all other H-1B Petitions filed at the Vermont and California Service Centers will continue to be suspended.

Please note that USCIS may reinstate Premium Processing for the remaining H-1B categories as workload permits or until further notice. As always, we will continue to monitor this change.

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