Beginning today, Tuesday, February 19, 2019, USCIS is resuming premium processing for H-1B petitions that were filed on or before Dec. 21, 2018.

In its February 15, 2019 announcement, USCIS explained that H-1B Petitioners in this grouping who wish to upgrade a pending H-1B petition with a premium processing request should:

  • Include a copy of the request for evidence (RFE), if an RFE was issued.
  • Include a copy of the transfer notice (if the petition was transferred) and be sure to submit the premium processing request to the service center currently handling the petition rather than the original service center.
    • Note that if you send the upgrade request to the original location rather than the location to which the petition was transferred, USCIS will forward the petition to the correct location, but the 15-day premium processing clock will not begin until the petition is received at the correct location.  USCIS did not indicate how long it will take them to transfer a case in this situation.

The partial suspension of premium processing availability remains in effect for some H-1B petitions, including those filed on or after December 22, 2018.  Petitions currently eligible for premium processing include:

  • those filed by cap-exempt entities and for beneficiaries who will work at cap-exempt entities,
  • petitions seeking an extension of stay with the same employer without change,
  • FY2019 cap / advanced degree exemption petitions that have not yet been adjudicated, and now,
  • H-1B petitions received by USCIS on or before December 21, 2018.

USCIS expects to further resume the availability of premium processing when its workloads permit.

If you aren’t sure whether your H-1B petition is eligible for premium processing, please contact your Fox Rothschild attorney.

Catherine V. Wadhwani
Partner & Co-Chair, Immigration Practice Group
p. 412.394.5540 | f. 412.391.6984

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