Greenspoon Marder Client Alert: Temporary Suspension of Premium Processing for H-1B Petitions Has Been Extended till February 19, 2019 and Will Include Cap-Exempt Petitions

Aug 28, 2018

Today, USCIS announced that they will be extending the suspension of premium processing till February 19^th, 2019 and it will NOW include certain cap-exempt H-1B petitions. USCIS is extending the suspension in an aim to reduce overall processing times.

Who Is Affected:

As of September 11, 2018, the premium processing suspension applies to ALL H-1B petitions filed at the Vermont and California Service Centers, this includes cap-subject and cap-exempt petitions such as H-1B Transfers, H-1B Extension and H-1B Amendments.

USCIS will continue premium processing of H-1B petitions for cap-exempt petitions that are filed BEFORE September 11, 2018.

This temporary suspension of premium processing does not apply to any other non-immigrant classifications filed on Form I-129, including O-1, L-1, TN, H-2B, H-1B1 and P classification.

Premium Processing Remains Available for Certain H-1B Petitions:

The premium processing suspension DOES NOT apply to:

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
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:
1. 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
2. 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).

Requesting Expedited Processing:

While premium processing is suspended, H-1B petitioners may submit a request to expedite an H-1B petition if they meet certain criteria. The H-1B 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. USCIS will review all expedite requests on a case-by-case basis and requests will be granted at their discretion.

USCIS Reasoning for Suspension:

USCIS is implementing the temporary suspension to reduce overall H-1B processing times. They believe it will allow 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.

Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group attorney for any further questions or concerns.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

Natalie Villanueva, Director of Marketing
954.333.4308 | [email protected]

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Client Alert: Temporary Suspension of Premium Processing for H-1B Petitions Has Been Extended till February 19, 2019 and Will Include Cap-Exempt Petitions

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