H-1B Cap Petitions: USCIS Suspending Premium Processing for Fiscal Year 2019
Premium Processing withheld for Non-Cap-Exempted H-1B Specialty Occupation Petitions
United States Citizenship and Immigration Services (USCIS) has announced that it will be suspending premium processing services for H-1B petitions subjected to the fiscal year 2019 cap, including those seeking exemptions for individuals with a master's degree or higher, until the expected date of September 10th, 2018. USCIS is to begin accepting these petitions this coming April 2nd.
USCIS will thus be rejecting any Form I-907, Request for Premium Processing Service, filed with an H-1B petition. Furthermore, if a petitioner submits a combined check for a Form I-907 and Form I-129, Petition for a Nonimmigrant Worker, both forms will be rejected.
When premium processing services are resumed - of which USCIS will issue a public notification - petitioners may then file Form I-907s for any cap-subject H-1B petitions that remain pending.
USCIS has stating that its reasoning for the suspension is that it will assist in the overall and targeted processing times of H-1B and other immigration petitions as a whole.
Expedited Processing
While the suspension of premium processing services is ongoing, petitioners may submit requests for expediting affected H-1B petitions, provided the petition's situational conditions meet one or more of the following criteria:
Severe financial loss to company or erso.
Emergency situation.
Humanitarian reasons.
Nonprofit organization whose request is in furtherance of the cultural and social interests of the United State.
Department of Defense or tional terest tuation (these particular expedite requests must come from an official U.S. government entity in stating that a delay will be detrimental to the government).
USCIS error.
Compelling interest of USCIS.