USCIS Suspends Premium Processing

Premium Processing Is Unfortunately Still Unavailable To H-1B Petitioners

The American Immigration Lawyers Association has alerted its members that USCIS has announced it will be extending and expanding the suspension of premium processing of cap-subject H-1B visa petitions beginning September 11, 2018. Though originally slated to end on September 10th, the premium processing suspension is now expected to last until February 19, 2019. USCIS has also expanded the suspension to include other additional H-1B petitions.

In a memorandum on August 28, USCIS explained this temporary suspension will apply to all H-1B petitions submitted at the Vermont and California Service Centers. It will reject form I-907s filed with affected I-129s. It will, however, continue to process I-129 petitions that are not currently suspended if the petitioner filed the I-907 before September 11, 2018. This does not apply to cap-exempt institutions and affiliated entities.

USCIS explained its need for extending and expanding the premium processing suspension. It cannot process the high volume of incoming petitions and premium processing requests over the last few months. It intends for the suspension to allow it to properly respond to and adjudicate time-sensitive petitions as well as H-1B extensions of status cases that are nearing the 240-day mark. USCIS will notify the public before it begins premium processing again.

Petitioners may still request an expedited H-1B petition if they meet the USCIS Expedite Criteria. Petitioners must provide proof that they meet at least one of the criteria for the expedited processing. USCIS office leadership will grant requests for expedited petitions on a case-by-case basis.

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This information comes from a news release from the American Immigration Lawyers Association (AILA Doc. No. 18082833).