USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions Effective April 3, 2017

06Mar
2017

USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions Effective April 3, 2017

USCIS announced its decision to temporarily suspend premium processing for all H-1B petitions, starting April 3, 2017.

This suspension may last up to 6 months. While H-1B premium processing is suspended, 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. USCIS will notify the public before resuming premium processing for H-1B petitions.

The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. Since FY18 cap-subject H-1B petitions cannot be filed before April 3, 2017, this suspension will apply to all petitions filed for the FY18 H-1B regular cap and master’s advanced degree cap exemption (the “master’s cap”). The suspension also applies to petitions that may be cap-exempt.

While premium processing is suspended, USCIS will reject any Form I-907 filed with an H-1B petition. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, USCIS will reject both forms.

USCIS will continue to premium process Form I-129 H-1B petitions if the petitioner properly filed an associated Form I-907 before April 3, 2017.

This temporary suspension of premium processing does not apply to other eligible nonimmigrant classifications filed on Form I-129.

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 will review all expedite requests on a case-by-case basis and requests are granted at the USCIS discretion.

If you have any questions about the USCIS temporary suspension of premium processing, please do not hesitate to contact us at info@songmenglaw.com.

Updated: 3/6/2017