Update: Premium Processing Procedure for FY 2020 H-1B CAP Petitions

Practice Areas

By: Angelita Chavez-Halaka, Armando Escobedo, Gladys Gervacio


USCIS will be offering premium processing service for FY 2020 H-1B cap petitions using a two-phase approach. This new approach is to facilitate the process and help mitigate premium processing suspensions.

FY 2020 H-1B Cap Premium Processing Procedure:

  1. Filing premium processing concurrently with H-1B cap petition: Only H-1B cap petitions requesting a change of status on Form I-129 (Petition for a Nonimmigrant Worker) may submit Form I-907 (Request for Premium Processing Service) concurrently with the H-1B petition.
    1. USCIS will begin premium processing this group of H-1B petitions by May 20, 2019 or unless otherwise announced by USCIS.
  2. Other H-1B cap petitions: All other H-1B cap petitions and H-1B cap petitions requesting a change of status that did not include Form I-907 when filed, may not request an upgrade to premium processing until June 2019, or until further notice issued by USCIS.

Please note that USCIS will reject any FY 2020 H-1B cap petitions that are filed before April 1, 2019.

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