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    4. Premium Processing available for all H-1B cap-subject petitions

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    Article

    Premium Processing available for all H-1B cap-subject petitions

    June 9, 2019

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    By Mary-Benham Nygren

    On June 10, 2019, USCIS will begin accepting premium processing requests for all H-1B cap-subject petitions selected in the Fiscal Year 2020 H-1B lottery.
    Effective June 10, 2019, U.S. Citizenship and Immigration Services (USCIS) will allow for Premium Processing service of all H-1B cap-subject petitions filed with USCIS the first week of April 2019, and selected in the Fiscal Year (FY) 2020 H-1B lottery.

    On March 19, 2019, USCIS announced that premium processing would be available in two phases for FY 2020 H-1B cap-subject petitions. The first phase, which started May 20, 2019, was available only to FY 2020 H-1B petitions requesting a change of status. The second phase, which started June 10, 2019, will allow for Premium Processing service of all FY 2020 H-1B petitions, regardless of whether a petition requesting a change of status or requesting consular processing.

    To opt into premium processing for an H-1B petition, the petitioner must file a Form I-907 along with the premium processing fee of $1,410. The 15-day premium processing clock begins upon receipt of the form and filing fee by USCIS.

    The introduction of Premium Processing service for all FY 2020 H-1B petitions marks a significant improvement compared to FY 2019 H-1B petitions, when USCIS suspended Premium Processing service for all H-1B petitions selected in that year’s lottery, as well as H-1B Change of Employer petitions and other types of H-1B petitions. While Premium Processing is an optional service, it is sometimes needed to ensure a timely approval of a beneficiary’s H-1B petition and ensure there are no disruptions in employment authorization.
    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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