Expedited Processing Halted for H-1Bs

Beginning on April 3, 2017, H-1B petitioners will not be able to file for premium processing. The suspension affects all H-1B petitions filed on or after this date, including petitions filed for the regular cap, the master’s advanced degree cap exemption, and petitions that may be cap-exempt.

Currently, if a petitioner files Form I-907 and pays the premium processing fee, the petition will be adjudicated within 15 days.

After April 3rd, the only way for H-1B petitions to be expedited is if a petitioner demonstrates he/she meets at least one of the following criteria:

  1. Humanitarian reasons;

  2. Emergency situation;

  3. Severe financial loss to a company or individual; or

  4. National interest concerns.

USCIS reports the suspension may last up to 6 months, until approximately October 2017, and is part of its effort to prioritize adjudication of H-1B extension of status cases nearing the 240-day mark and to process long-pending H-1B petitions.

© 2017 Global Migration Law Group, PLLC

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