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USCIS Extends and Expands Premium Processing Suspension for H-1B Petitions
Practical Law Legal Update w-016-4318 (Approx. 4 pages)
USCIS Extends and Expands Premium Processing Suspension for H-1B Petitions
by Practical Law Labor & Employment
| Published on 04 Sep 2018 • USA (National/Federal) |
United States Citizenship and Immigration Services (USCIS) recently announced an extension and expansion of its temporary suspension of premium processing for cap-subject H-1B petitions.
On August 28, 2018, United States Citizenship and Immigration Services (USCIS) announced its temporary suspension of premium processing for H-1B petitions is:
- Extended for cap-subject H-1B petitions.
- Expanded beginning September 11, 2018 to include certain additional H-1B petitions.
These suspensions will last until February 19, 2019.
The expanded temporary suspension now applies to all H-1B petitions filed at the Vermont and California Service Centers, except for the following cap-exempt filings:
- Petitions filed exclusively at the California Service Center because either:
- the employer is cap exempt; or
- the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization.
- Petitions filed exclusively at the Nebraska Service Center by an employer requesting the continuation of previously approved employment with the same employer.
Premium processing is still available for other nonimmigrant classifications filed on Form I-129.
During the expanded temporary suspension, petitioners may still submit a request to expedite an H-1B petition if they meet the criteria on the Expedite Criteria webpage. Expedite requests are reviewed on a case-by-case basis and are infrequently granted.
Practical Implications
The extension and expansion of premium processing for certain H-1B petitions continues the trend of USCIS actions making employment of foreign nationals lengthier, more difficult, and unpredictable. These actions principally stem from the Trump administration's objective to limit employment of foreign workers (see Practice Note, Immigration Executive Orders Under Trump: Buy American and Hire American). Employers that may hire foreign workers should be alert to the potential difficulties and delays in sponsoring foreign workers.