A closer look
USCIS says that the suspension will allow the agency to process long-pending petitions and prioritize adjudication of H-1B extensions that are nearing the 240-day mark.
During the suspension, USCIS will reject any Form I-907, Request for Premium Processing, filed with a FY 2019 cap-subject H-1B petition. If the premium processing fee is combined in a single check with other H-1B cap fees, USCIS will reject the petition package.
Expediting cases in urgent situations
In urgent situations, employers can request faster processing if a case meets USCIS’s longstanding expedite criteria, but employers must be aware that expedites are only granted at USCIS’s discretion and are issued very rarely -- for emergencies, humanitarian situations, in cases of severe financial loss to the employer or foreign national, and a few other very limited circumstances.
What this means for employers
The suspension means that FY 2019 H-1B cap cases will not be eligible for 15-day processing until the premium suspension is lifted. Though premium processing does not affect the chances that an H-1B petition will be selected in the cap lottery, it does provide greater certainty to beneficiaries – in particular, F-1 students who are changing status to H-1B and whose optional practical training (OPT) or course of study will terminate between April 2 and October 1, a period known as the “cap gap.”
The suspension may also delay a foreign national's ability to travel internationally between April 2 and the approval of the H-1B cap petition. Travel while a change of status is pending and before it is approved will cause it to be deemed abandoned (though the underlying H-1B petition remains approvable). A foreign national who travels abroad before the change of status is approved would have to take extra steps to assume H-1B status on October 1.
Fragomen closely tracks USCIS processing of H-1B cases and will issue updates as developments occur. If you have any questions about USCIS’s suspension of H-1B cap premium processing, or about H-1B cap processing in general, please contact your designated Fragomen professional. This alert is for informational purposes only.
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