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H-1B Premium Processing Suspended

Corey Lee Law - NYC Immigration Attorney > C.T.LEE & Associates Blog  > H-1B Premium Processing Suspended

H-1B Premium Processing Suspended

It was announced on March 16th that USCIS is suspending premium processing for FY2021 cap-subject H-1B petitioners. USCIS will not be accepting any Form I-907 filed with a cap-subject H-1B petition for the purpose of requesting premium processing before a resumption is announced.

The resumption of premium processing will take place in two phases. USCIS will be handling FY 2021 cap-subject petitioners seeking to change their status from an F-1 nonimmigrant one. All other FY 2021 cap-subject petitions will be processed during the second phase.

USCIS will make an announcement before the resumption of premium processing for FY 2021 cap-subject H-1B petitioners looking to change their status from F-1 nonimmigrant status. This resumption will happen no later than May 27th, 2020. To be included in this category, petitioners must fill out the I-129 form accordingly.

This temporary suspension means reducing the overall time required to process H-1B petitions for most general petitioners. Premium processing for all other FY 2021 cap-subject H-1B petitions will be resumed on June 29th, 2020, at the earliest

Premium processing is a service provided by USCIS to H-1B petitioners where they are guaranteed a 15 calendar day processing period for their petitions. To receive premium processing, the petitioner should file a Form I-907 when the premium processing resumes.  

There will also be a fee of $1,410 to USCIS. This fee will be refunded if USCIS fails to process the petition in less than 15 calendar days since they receive the petition. H-1B petitioners exempted from the cap, for example, those applying for extensions of stay, are still eligible for premium processing as of now.

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