Premium processing for all H-1B petitions to be suspended

Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions.
Representational image only
Representational image only

NEW DELHI:: Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to six months, according to a statement released by the Department of US Citizenship and Immigration.

During the period of suspension, petitioners will not be able to file Form I-907, requests for premium processing service for Form I-129, and petitions for nonimmigrant worker visas. "We will notify the public before resuming premium processing for H-1B petitions," a statement said.

Who’s affected?

The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. Since FY18 cap-subject H-1B petitions cannot be filed before April 3, 2017, this suspension will apply to all petitions filed for the FY18 H-1B regular cap and master’s advanced degree cap exemption. 

The suspension also applies to petitions that may be cap-exempt.

"While premium processing is suspended, we will reject any Form I-907 filed with an H-1B petition. If the petitioner submits one combined check for both Form I-907 and Form I-129 H-1B fees, we will have to reject both forms," said the statement.

However, it will continue to premium process Form I-129 H-1B petitions if the petitioner properly filed an associated Form I-907 before April 3, 2017. 

Requesting expedited processing

While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet the criteria. "We review all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership," states the note.

This temporary suspension is aimed at reducing the overall H-1B processing time. By temporarily suspending premium processing, the US administration hopes to process long-pending petitions, which they have currently been unable to process due to the high volume of incoming petitions and the significant surge in premium processing requests over the past few years; and prioritize adjudication of H-1B extension of status cases that are nearing the 240 day mark.

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