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U.S. Citizenship and Immigration Services has confirmed that on May 20 it will begin premium processing for H-1B cap-subject ‘change of status’ petitions only. The announcement follows the agency’s announcement in March that it will offer premium processing for H-1B cap petitions in a two phases, with the first phase beginning no later than May 20 for “change of status” petitions. The second phase of premium processing, covering all other H-1B cap-subject petitions, is not expected to begin until June 2019 or later.
Key points:
Background: USCIS announced on March 19 it would take a two-phased approach to premium processing for fiscal year 2020 H-1B cap season. Premium processing allows petitioners to request 15-day service for an additional fee. USCIS must take action on the petition within 15 days or refund the fee.
BAL Analysis: The two-phased approach is intended to better regulate USCIS workflow and avoid having to suspend premium processing for all H-1B petitions. Employers filing for H-1B cap change-of-status requests should plan to file premium processing requests concurrently and anticipate the 15-day premium processing clock to begin May 20; they should also note that change-of-status requests require that the candidate be physically present in the U.S. at the time the H-1B is filed and at least until approval. Employers filing all other H-1B cap petitions should anticipate that premium processing will not begin until June or later. BAL will continue to provide updates regarding the fiscal year 2020 cap as USCIS makes information available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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