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" Anindita A. Chowdhury, is the Founder and Managing Attorney of USILaw, Inc. As a leading practitioner of Immigration Law, she possesses a track record of success with over twenty years of experience in the field. Anindita specializes in Business Immigration and has in-depth expertise in the full range of Employment and Immigration Visas for the United States as well as for several other countries, including Canada, Australia, Singapore, China and India, among others. "



Premium Processing for H1B – An Update

On August 28, 2018, the USCIS issued an alert stating that they will “extend and expand [the] suspension of premium processing for H-1B petitions” in an attempt to “reduce delays.”  The extended and expanded suspension of H-1B premium processing will have the following effect:

  • FY2019 Cap-Subject H-1B Petitions
    • The current suspension of premium processing for FY2019 cap-subject H-1B petitions has been extended and will remain in effect until February 19, 2019.
  • Cap-Exempt H-1B Petitions
    • Cap Exempt H-1B 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” will NOT be affected by the premium processing suspension.
    • All other H-1B petitions not subject to the cap (with the exception of petitions filed “exclusively at the Nebraska Service Center by an employer requesting a ‘continuation of previously approved employment without change’”) will have premium processing suspended from September 11, 2018 to February 19, 2019.  This includes all H-1B petitions filed at the Vermont Service Center and Nebraska Service Center, unless filed by a cap exempt institution.
    • As mentioned above, H-1B extension petitions filed exclusively at the Nebraska Service Center, which seek a ‘continuation of previously approved employment without change’ will NOT be affected by the premium processing suspension.

 

In other words, the only H-1B Petitions that will NOT have suspended premium processing are:

  • Cap Exempt H-1B 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;” and
  • H-1B extension petitions filed exclusively at the Nebraska Service Center, which seek a “continuation of previously approved employment without change.”

All other H-1B petitions will have their premium processing suspended, with FY2019 cap-subject petitions continuing their current suspension of premium processing until February 19, 2019 and all other affected H-1B petitions beginning their suspension of premium processing on September 11, 2018 and continuing through February 19, 2019.