Some H-1B Premium Processing is Suspended

USCIS Has Published the Following Re: Premium Processing - 28 August 2018

1. USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions

2. Beginning Sept. 11, 2018, USCIS will be expanding this temporary suspension to include certain additional H-1B petitions. They expect these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions.

3. While H-1B premium processing is suspended, they will reject any Form I-907, Request for Premium Processing Service filed with an affected Form I-129, Petition for a Nonimmigrant Worker. If a petitioner submits one combined check for the Form I-907 and Form I?129 H-1B fees, both forms will be rejected.

Who Is Affected

The expanded temporary suspension applies to all H-1B petitions filed at the Vermont and California Service Centers (excluding cap-exempt filings as noted below).

The previously announced suspension of premium processing for fiscal year 2019 cap-subject H-1B petitions was originally slated to last until Sept. 10, 2018, but that suspension is being extended through an estimated date of Feb. 19, 2019.

The USCIS will continue premium processing of Form I-129 H-1B petitions that are not currently suspended if the petitioner properly filed an associated Form I-907 before Sept. 11, 2018. Therefore, they will refund the premium processing fee if:

1. The petitioner (employer) filed the Form I-907 for an H-1B petition before Sept. 11, 2018; and

2. The USCIS did not take adjudicative action on the case within the 15-calendar-day processing period.

Premium Processing Remains Available for Certain H-1B Petitions

The suspension does not apply to:

1. Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization; or

2. Those petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a concurrent request to:

a. Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (Box on Part 2, Question 4, Page 2 of the current Form I-129); or

b. Extend the stay of each beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129).

This temporary suspension of premium processing does not apply to any other nonimmigrant classifications filed on Form I-129 (like L-1 cases).

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. The petitioner must demonstrate that they meet at least one of the expedite criteria, and petitioners should be prepared to submit documentary evidence to support their expedite request.

Expedite Criteria

USCIS review s all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met.

USCIS may expedite a petition or application if it meets one or more of the following criteria:

• Severe financial loss to company or person ;
• Emergency situation;
• Humanitarian reasons;
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States ;
• Department of Defense or national interest situation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);
• USCIS error; or
• Compelling interest of USCIS.

USCIS reviews all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.

The Reasons for the Suspension

The USCIS States This temporary suspension will help them reduce overall H-1B processing times by allowing them to:

• Process long-pending petitions, which they have been unable to process due to the high volume of incoming petitions and premium processing requests over the past few months;
• Be responsive to petitions with time-sensitive start dates; and
• Prioritize adjudication of H-1B extension of status cases that are nearing the 240-day mark.