USCIS Temporarily Suspends Premium Processing of H-1B Cap Petitions Filed April 2-6, 2018

Yesterday, USCIS announced it will suspend Premium Processing of all H-1B cap-subject petitions received by USCIS April 2-6, 2018. The suspension is expected to last until September 10, 2018.  At present, all other H-1B petition filings not subject to the cap, such as most extensions or changes of employer, may request Premium Processing.

By suspending Premium Processing, USCIS hopes to focus on long-pending petitions including H-1B extension petitions that have been pending nearly 240 days.

USCIS premium processing service provides a decision or a request for evidence within 15 calendar days of filing, for an additional fee of $1,225. Traditional expedited processing requests for which there is no fee can continue to be submitted to USCIS during this temporary suspension. Expedited processing requests are discretionary and must meet USCIS criteria, which include demonstrated severe financial loss to a company or person, an emergency situation, or humanitarian reasons, among others.

This client alert is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have any questions regarding this update, or for more information about this topic, please contact any of the attorneys in our Business Immigration Practice Group, or the attorney with whom you normally consult.

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