On January 25, 2019, USCIS announced that it would resume premium processing for all fiscal year (FY) 2019 H-1B cap petitions on Monday, January 28, 2019. There is some confusion among employees and employers thinking that this applies to the upcoming H-1B season. Please note that the next H-1B cap season is fiscal year 2020, with an initial filing date of 4/1/2019. USCIS is just now allowing employers and applicants to premium process fiscal year 2019 cases that were to start October 1, 2018.
Premium processing requests that USCIS process a case within 15 calendar days. Those Petitioners who wish to premium process, file a Form I-907, Request for Premium Processing Service, with a $1,410 filing fee. If you receive a request for evidence (RFE) for a pending FY 2019 cap petition, you can include a request for premium processing along with the RFE response. If your FY 2019 case is still outstanding, you can now request premium processing to obtain an answer. Filing a premium processing request will prompt USCIS to adjudicate a backlogged FY 2019 case before the start of the next H-1B filing season.
USCIS is likely to suspend the premium processing for FY 2020 H-1B cap petitions. Cap-exempt or non-cap subject H-1B petitions remain eligible for premium processing. For more information, please continue to observe this blog.
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