Yesterday, USCIS announced that beginning April 2, 2018, USCIS will temporarily suspend premium processing for all FY 2019 cap-subject H-1B Petitions, including Petitions seeking an exemption for intended beneficiaries with a U.S. master's degree or higher. The suspension is expected to last until September 10, 2018. However, USCIS will continue to accept premium processing requests for H-1B Petitions that are not subject to the FY 2019 annual numerical cap.
During this suspension, USCIS will reject any Form I-907, Request for Premium Processing Service, filed with an FY 2019 cap-subject H-1B Petition. If a petitioning employer submits one combined check for the fees for Form I-907 and Form I-129, Petition for a Nonimmigrant Worker, USCIS will reject both filings, and the Petition will not be considered eligible to be considered in the FY 2019 cap. If FY 2019 H-1B Petitions remain pending when USCIS resumes premium processing on September 10, 2018, petitioners may file Form I-907 and the associated filing fee of $1,225 for FY at that time.
Despite the suspension of premium processing, USCIS still allows for expedited processing in a limited number of cases. A petitioning employer may submit a request to expedite a FY 2019 cap-subject H-1B petition if the organization or beneficiary meet any of the following criteria:
- Severe financial loss to company or person;
- Emergency situation;
- Humanitarian reasons;
- Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
- Department of Defense or compelling national interest (These expedited service requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);
- USCIS error; or
- Compelling interest of USCIS.
It is the petitioning employer's responsibility to demonstrate that the organization meets at least one of the expedited service request criteria, and petitioners must submit documentary evidence to support their request. USCIS reviews all requests for expedited service on a case-by-case basis, and grants requests at the sole discretion of USCIS office leadership.
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