H-1B premium processing to resume Monday for all cap-subject petitions

U.S. Citizenship and Immigration Services has announced that beginning Monday it will accept requests for premium processing for all fiscal year 2020 cap-subject H-1B petitions.

Key Points:

• Beginning Monday, petitioners will be able to file Form I-907, Request for Premium Processing Service for all 2020 cap-subject H-1B petitions. The request should be submitted to the USCIS Service Center that is processing the H-1B petition in question.
• Premium processing continues to remain available for cap-subject “change of status” petitions and for H-1B petitions that are exempt from the cap, including extension of stay requests.

Background: Premium processing allows petitioners to request 15-day service for an additional fee. USCIS announced on March 19 that it would take a two-phased approach to premium processing for the fiscal year 2020 H-1B cap season, with the first phase for “change of status” petitions and the second phase for all other cap-subject petitions. Premium processing for change of status petitions began on May 20 and remains available.

BAL Analysis: Employers are encouraged to assess their pending H-1B cap cases and consider whether premium processing may be appropriate for any cases where it has not yet been requested.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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