On Friday, March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced the temporary suspension of premium processing (Form I-907) for all H-1B visas, beginning April 3, 2017 due to the back log in currently filed H-1B petitions. Premium processing is an expedited service which guarantees fifteen (15) calendar day processing for certain employment-based petitions and applications. This temporary suspension affects all H-1B cap cases for the Fiscal Year 2018 that are subject to the annual quota and all H-1B cap-exempt cases such as extensions of stay, amendment, and change of employers.
All Form I-907s received on or after April 3rd will be rejected. If a Form I-129 is submitted with a Form I-907 with a combined check, USCIS will have to reject both forms. USCIS has indicated that the temporary suspension may last up to six (6) months.
In lieu of the premium processing service, petitioners may request expedited processing. Requests will be granted on a case-by-case basis. It is the burden of the petitioner to prove that they meet one of the expedited request criteria. Petitioners are encouraged to submit as much documentary evidence as support.
If you have any questions about premium processing or you have an H-1B petition that has been pending close to two hundred and forty (240) days, please contact Attorney Nicole Fink.