On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for H-1B petitions subject to the Fiscal Year (FY) 2018 cap. Any cap-subject petitions that remain pending, such as those that received a request for evidence (RFE), can now be upgraded to premium processing. Under premium processing, the petitioner pays an additional filing fee of $1,225 for USCIS to adjudicate the petition within 15 calendar days.
USCIS suspended premium processing on April 3, 2017 to enable USCIS to clear its backlog of long-pending H-1B petitions. On July 24, 2017, premium processing resumed for petitions by certain cap-exempt petitioners, including petitions by institutions of higher education, and petitions by nonprofits associated with institutions of higher education or government research organizations. Currently, premium processing remains suspended for all other cap-exempt petitions, including H-1B petitions for extension of status, H-1B petitions for a change of employer, and H-1B amendments
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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.