USCIS Announces Temporary Premium Processing Suspension for FY2021 H-1B Cap Petitions | Practical Law

USCIS Announces Temporary Premium Processing Suspension for FY2021 H-1B Cap Petitions | Practical Law

US Citizenship and Immigration Services (USCIS) has announced the temporary suspension of premium processing service for fiscal year (FY) 2021 cap-subject H-1B petitions.

USCIS Announces Temporary Premium Processing Suspension for FY2021 H-1B Cap Petitions

by Practical Law Labor & Employment
Published on 19 Mar 2020USA (National/Federal)
US Citizenship and Immigration Services (USCIS) has announced the temporary suspension of premium processing service for fiscal year (FY) 2021 cap-subject H-1B petitions.
On March 16, 2020, US Citizenship and Immigration Services (USCIS), announced that premium processing service for fiscal year (FY) 2021 cap-subject H-1B petitions is temporarily suspended.
When USCIS begins accepting cap-subject petitions on April 1, 2020, petitioners filing FY 2021 cap-subject H-1B petitions will be unable to request premium processing. USCIS will reject any premium processing request (made with Form I-907) concurrently filed with a cap-subject H-1B Form I-129 petition until premium processing for FY 2021 cap-subject H-1B petitions resumes.
Premium processing will resume in a two-phased approach during the FY 2021 cap season so that USCIS can manage these requests. USCIS will resume premium processing for:
  • FY 2021 cap-subject H-1B petitions requesting a change of status from F-1 nonimmigrant student status (including those eligible for the advanced degree exemption) no later than May 27, 2020.
  • All other FY 2021 cap-subject petitions no earlier than June 29, 2020.
Once premium processing restarts, petitioners filing FY 2021 H-1B cap-subject petitions will be able to upgrade to premium processing by filing Form I-907. Premium processing remains available for extension of stay requests and other H-1B petitions that are exempt from the cap.
The H-1B registration period closes on Friday, March 20, 2020 at 12 noon. For more information, see Legal Update, USCIS Announces FY2021 H-1B Cap Registration Period; Preparing for the FY2021 H-1B Cap Season Under USCIS's New System as well as USCIS's H-1B FY 2021 Cap Season page.
USCIS will notify the public of confirmed dates for resuming premium processing.