Premium Processing Resumed for Certain H-1B Petitions

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As of July 24, 2017, USCIS has resumed premium processing service for certain types of H-1B cap-exempt petitions. While premium processing is still not available for most H-1B petitions, USCIS announced that it will now accept premium processing requests for cap-exempt petitions if 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.

Premium processing will also resume for cap-exempt petitions in which the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity.

USCIS has also resumed premium processing for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program as well as interested government agency waivers.

Petitioners within these categories are now eligible to request 15-day, premium processing on H-1B petitions using Form I-907, Request for Premium Processing Service. The I-907 may be filed with Form I-129, Petition for a Nonimmigrant Worker for a new petition, or the I-907 may be filed separately to request an upgrade to premium processing on a currently pending H-1B petition.

Premium processing remains temporarily suspended for all other H-1B petitions such as  extension of status and amendment of status including change of employer petitions, as well as petitions filed under the FY18 H-1B cap (regular cap and master's advanced degree cap).

USCIS plans to resume premium processing of other H-1B petitions as workloads permit.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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