Who Is Affected
The temporary suspension applies to all H-1B petitions filed on or after. Since FY18 cap-subject H-1B petitions cannot be filed before , this suspension will apply to all petitions filed for the FY18 H-1B regular cap and master’s advanced degree cap exemption (the “master’s cap”). The suspension also applies to petitions that may be cap-exempt.
While premium processing is suspended, USCIS will reject any Form I-907 filed with an H-1B petition. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, USCIS will have to reject both forms.
USCIS will continue to premium process Form I-129 H-1B petitions if the petitioner properly filed an associated Form I-907 before. Therefore, USCIS will refund the premium processing fee if:
- The petitioner filed the Form I-907 for an H-1B petition before , and
- USCIS did not take adjudicative action on the case within the 15-calendar-day processing period.
This temporary suspension of premium processing does not apply to other eligible nonimmigrant classifications filed on Form I-129.
Requesting Expedited Processing
While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet the criteria on the Expedite Criteria webpage. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria, and USCIS encourages petitioners to submit documentary evidence to support their expedite request.
USCIS will review all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.
Why USCIS Is Temporarily Suspending Premium Processing for H-1B Petitions
This temporary suspension will help USCIS to reduce overall H-1B processing times. By temporarily suspending premium processing, USCIS will be able to:
- Process long-pending petitions, which USCIS has 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.