On July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for certain cap-exempt H-1B petitions. Petitions now eligible for premium processing include those for which the H-1B petitioner is:
- An institution of higher education;
- A nonprofit related to or affiliated with an institution of higher education; or
- A nonprofit research or governmental research organization.
In some cases, petitions may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity such as specified above, even if the petitioner would otherwise be subject to the cap. Cap-exempt petitions that are eligible for premium processing can be filed with Form I-907, Request for Premium Processing Service, together with the H-1B petition or separately for an already-pending H-1B petition. Under premium processing, the petitioner pays an additional filing fee of $1,225 and in return, USCIS will adjudicate the petition within 15 calendar days.
As we previously advised, USCIS suspended premium processing on April 3, 2017 to enable USCIS to clear its backlog of long-pending H-1B petitions. Currently, premium processing remains suspended for all other H-1B petitions, including cap-subject petitions, petitions for extension of status, petitions for a change of employer, and H-1B amendments. Other nonimmigrant visas, including Ls and O-1s are not affected by the suspension
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Finnan, Fleischut & Associates will continue to keep our clients advised of important developments in this area. If you have specific questions about how these developments affect a current or possible future situation, please contact us.