USCIS Temporarily Suspending Premium Processing for Fy 2021 H-1B Cap Petitions

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


U.S. Citizenship and Immigration Services (USCIS) has announced that it will temporarily suspend requests for premium processing of fiscal year (FY) 2021 H-1B cap petitions when it begins to accept petitions on April 1, 2020.

What to Expect?

USCIS will reject any Form I-907 (Request for Premium Processing Service) that is filed concurrently with a FY 2021 H-1B cap petition until the agency resumes premium processing.

FY 2021 H-1B Cap Premium Processing Procedure

  1. Phase One: Beginning May 27, 2020, only FY 2021 H-1B cap petitions requesting a change of status from F-1 nonimmigrant status on Form I-129 (Petition for a Nonimmigrant Worker) may upgrade to premium processing.
  2. Phase Two: All other FY 2021 H-1B cap petitions may request an upgrade to premium processing starting on June 29, 2020, or until further instructions are issued by USCIS.

Please note: Premium processing service will remain available for all cap exempt H-1B petitions.

We will continue to monitor updates on the FY 2021 H-1B cap season.

Stay Updated

For more information about preparing for the FY 2021 H-1B cap season and/or to subscribe to our newsletter, please email us at We also encourage you to share this alert with your relevant contacts.

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