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

March 21st, 2018

USCIS announced that as of April 2, 2018, it will temporarily suspend premium processing only for H-1B cap petitions for fiscal year 2019 (with a start date of October 1, 2018). Such suspension will include petitions filed under the US master’s degree or higher cap.  USCIS anticipates that this suspension will last until September 10, 2018. It should be emphasized that USCIS will continue to premium process H-1B petitions not subject to the FY 2019 cap.

USCIS has warned that if the petitioner submits a Form I-907 along with one filing fee check that combines the fees for the Form I-907 and the I-129 H-1B petition that it will reject both forms. It also notes that when it resumes premium processing, petitioners may file to request it for the remaining H-1B cap subject petitions.

Although premium processing has been suspended, USCIS will still consider requests to expedite an H-1B petition so long as it satisfies the expedite criteria noted on USCIS’s website. Petitioners must fulfill at least one of the criteria and USCIS encourages petitioners to submit documentation in support of its request.  USCIS decides expedite requests on a case-by case basis.