USCIS Provides Updates Regarding Premium Processing for FY 2020 Cap Cases

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.Premium processing has historically been available for all H-1B applications filed with U.S. Citizenship and Immigration Services (USCIS). However, from time to time, USCIS has suspended premium processing. On March 19, 2019, USCIS announced that it would use a staggered approach to premium processing for the fiscal year (FY) 2020 H-1B cap filing season, with two distinct phases for those cases filed in the lottery conducted in April 2019.

Phase one commenced on April 1, 2019, allowing H-1B lottery petitioners applying for a change-of-visa status to file a request for premium processing concurrently with their H-1B petition. USCIS began processing those requests on May 20, 2019.

On June 10, 2019, USCIS announced the commencement of phase two, allowing premium processing for all other cap-subject petitions, including those petitions requesting consular notification.

Premium processing is currently also available for all cap-exempt H-1B petitions (extensions of stay, amendments, and change of employer filings).

 

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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