March 20, 2018

USCIS Suspends Premium Processing for Cap-Subject H-1B Petitions

Starting April 2, 2018, USCIS will temporarily suspend premium processing for all H-1B petitions subject to the Fiscal Year (FY) 2019 cap. This suspension is expected to last until September 10, 2018 and USCIS will notify the public before Premium Processing resumes for cap-subject H-1B petitions. USCIS will continue to accept Premium Processing requests for H-1B petitions that are not subject to the FY 2019 cap.

Who Is Affected?

The temporary suspension applies to all cap-subject H-1B petitions filed on or after April 2, 2018. This suspension will apply to all petitions filed for the FY19 H-1B regular cap and master’s cap. While premium processing is suspended, USCIS will reject any Form I-907 filed with a cap-subject 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 have to reject both forms.

Petitioners may continue to submit expedited processing requests if it can meet at least one of the expedite criteria. However, USCIS notes that it will only grant expedite requests at the discretion of USCIS office leadership.

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

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