H-1B Visa News

USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018

USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service, you must submit the premium processing request to the service center now handling the petition.

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit.

F-1 “Cap-gap” Status and Work Authorization Extension Only Valid Through Sept. 30, 2018

F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays

USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. USCIS expects these suspensions will last until Feb.

Reminder - Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations

ALERT:  Although F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension of their post-completion OPT employment authorization, our policies regarding the cap-gap extension remain the same.