USCIS Alert: Updated August 28, 2018

Suspension issued for September 11, 2018 until February 19, 2019

The U.S. Citizenship and Immigration Services (USCIS) will be extending and expanding on the previously issued temporary suspension of premium processing for cap-subject H-1B petitions.[1] Beginning September 11, 2018 this suspension will also include additional H-1B petitions and is expected to last until February 19, 2019. During this suspension period, any submitted Form I-907, Request for Premium Processing, will be rejected. If only one check is submitted for the H-1B petition and premium processing, then both will be rejected.

This suspension will apply to all H1-B cap-subject petitions filed at the Vermont and California Service Centers. Premium Processing will continue for petitions not yet suspended as long as they file prior to September 11, 2018. A refund will be applied to those petitioners if they have not received adjudicative action by the USCIS on their case within the 15-day calendar period.

Which H-1B petitions does the suspension not apply to?

  1. Any Cap-exempt petition filed at the California Service Center.
  2. Petitions filed by the employer at the Nebraska Service Center for the “continuation of a previously approved employment without change with the same employer;” at the request that either:
    1. “Each beneficiary can obtain a visa or be admitted;” or
    2. “Extend the stay of each beneficiary because the beneficiary now holds this status.”

The USCIS allows for petitioners to submit a request to expedite the H-1B petition as long as they meet a minimum of one criteria required under the USCIS Expedite Criteria guidelines. Petitioners must also provide supplemental evidence to support their request.