USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

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On March 20, 2018 USCIS informed the public it will be temporarily suspending premium processing for certain H-1B FY 2019 cap petition. USCIS is doing this to reduce overall H-1B processing times for other long-pending petitions. This suspension also extends to cap cases filed with a U.S. master’s degree or higher.

USCIS states that this suspension is expected to last until Sept. 10, 2018. However, USCIS will notify the public when it resumes this service. When USCIS resumes premium processing, petitioners at that time, may file a Premium Processing request for FY 2019 cap-subject H-1B petitions that remain pending.

The current suspension only applies only to H-1B cap case filings for FY 2019. Premium processing is still available, however, for filings that are not cap related.

USCIS understands there may be situations where a cap-related petition may require expedited review. For petitioners with expedited requests, however, petitioners must follow USCIS’ criteria to qualify for such review. Criteria for expedited processing includes:

  • Severe financial loss to company or person;
  • Emergency situation;
  • Humanitarian reasons;
  • Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
  • Department of Defense or national interest situation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);
  • USCIS error; or
  • Compelling interest of USCIS.

To read this announcement, please visit USCIS. For more information on H-1B cap processing or for assistance in filing, please feel free to contact us at info@chugh.com.

Cited from USCIS (03/20/2018)

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