United States: USCIS Resumes H-1B Premium Processing for Certain Cap-Exempt Petitions

USCIS is resuming premium processing for cap-exempt H-1B petitions filed by institutions of higher education, nonprofit organizations related to or affiliated with institutions of higher education, nonprofit research organizations and governmental research organizations. Premium service remains suspended for most other H-1B petition types.

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Jul 25, 2017
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Effective today, USCIS is resuming premium processing for cap-exempt H-1B petitions filed by:

  • Institutions of higher education; 
  • Nonprofits related to or affiliated with institutions of higher education;
  • Nonprofit research organizations; and
  • Governmental research organizations.

Premium processing service is also available for petitions that are cap-exempt because the beneficiary will be employed at a qualifying institution of higher education or other cap-exempt organization or entity, though filed by an employer that would otherwise be subject to the H-1B cap.

USCIS continues to accept premium requests for H-1B petitions filed for medical doctors under the Conrad 30 Waiver program or with an interested government agency waiver.

Premium processing remains temporarily suspended for all other H-1B petitions. USCIS is expected to continue to lift the suspension in stages by case type, but has not announced a schedule for the phase-in.  When the suspension was imposed on April 3, 2017, the agency anticipated that it would be in place for no more than six months, through October 1.

What This Means for Employers and Foreign Nationals
Institutions of higher education and other cap-exempt employers can once again file H-1B petitions with a request for premium processing or upgrade pending cases to premium processing by filing Form I-907 and submitting the $1,225 premium fee.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.  

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

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