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    4. Premium processing of H-1B cap-subject petitions filed on April 1, 2019Articles

    Article

    Premium processing of H-1B cap-subject petitions filed on April 1, 2019

    March 21, 2019

    By Courtney New

    USCIS announced that the premium processing of fiscal year 2020 H-1B petitions will be implemented in two phases.

    On March 19, 2019, USCIS announced that premium processing will be available this year for cap-subject H-1B petitions but will be handled in two phases.

    Phase one of premium processing of Fiscal Year 2020 H-1B petitions

    Starting April 1, petitioners of cap-subject H-1B petitions requesting a change of status on Form I-129 may concurrently file a request for premium processing of the petition on Form I-907.

    The 15-day premium processing clock will not start running upon receipt. Instead, USCIS will announce at a later date the start date, which will not be later than May 20, 2019.

    Petitioners requesting a change of status who do not concurrently file a request for premium processing with the petition will still be able to file a request for premium processing when the premium processing clock starts, no later than May 20, 2019.

    Phase two of premium processing of Fiscal Year 2020 H-1B petitions

    Premium processing of all other cap-subject petitions, which includes petitions requesting consular processing, will not be available until at least June 2019. USCIS will confirm the start date for premium processing of these requests at a later date.

    Premium processing of other H-1B petitions

    On March 12, 2019, premium processing resumed for all H-1B petitions not subject to the annual cap, including change of employer petitions.

    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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