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H-1B Premium Processing Update H-1B Premium Processing Update

H-1B Premium Processing Update

USCIS has resumed Premium Processing requests on all cap-exempt H-1B petitions, including extensions of status, change of employer and other filings exempt from the annual H-1B numerical limitation. Premium Processing ensures agency action within 15 calendar days of receipt for an additional $1,410 filing fee.

For H-1B cap-subject petitions, USCIS has announced a two-phased approach:
  • For H-1B cap-subject petitions requesting a change of status, employers may include a request for premium processing with their H-1B petitions. USCIS states they will begin processing cases under Premium Processing “no later than May 20, 2019.”
  • For H-1B cap-subject petitions requesting consular notification, employers will be able to add Premium Processing to their H-1B petitions once Premium Processing becomes available for those applicants, which will not begin until “at least June 2019.”
Given the intended delay and phased approach, our advice to most employers is to hold on Premium Processing until case selection in the lottery is known. Because the lottery is conducted before any petition processing begins, a Premium Processing request has no impact on odds of selection. For additional information regarding the H-1B numerical limitations and the annual lottery, please refer to our prior article.

This is our last call for H-1B cap petitions. Employers are strongly encouraged to contact us to discuss any H-1B cap-subject filing needs or Premium Processing requests as soon as possible. To discuss the H-1B visa program or any other immigration-related need, please contact Jenifer M. BrownChristl P. Glier, Kristin E. Kelley or any member of Ice Miller's Immigration Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.
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