Premium processing of H-1B cap cases now available

U.S. Citizenship and Immigration Services announced Monday it has resumed premium processing for all pending H-1B cap-subject petitions.

Key points:

• The resumption of premium processing includes petitions subject to the 65,000 quota for undergraduates as well as the 20,000 quota for individuals holding master’s degrees or higher from U.S. institutions.
• Premium processing is only available for pending H-1B cap-subject petitions as the quotas have been met for the fiscal year.
• Until further notice, the suspension on premium processing remains in effect for most other types of H-1B petitions, including H-1B extensions of stay.

Background: Petitioners requesting premium processing for an additional government filling fee are guaranteed 15-day processing. In March, USCIS announced it would temporarily suspend premium processing beginning April 3, 2017 at the start of the filing season for H-1B cap petitions for fiscal year 2018. In June and July, the agency resumed premium processing for some cap-exempt H-1B petitions including those filed for physicians under the Conrad 30 waiver program and those filed by qualifying educational or nonprofit employers.

BAL Analysis: Companies interested in upgrading pending cap-subject H-1B petitions to the expedited 15-day processing should contact their BAL professional.

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

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