USCIS Suspends Premium Processing for FY2021 Cap-Subject H

03/18/20

Yesterday, U.S. Citizenship and Immigration Services announced the temporary suspension of premium processing service for fiscal year (FY) 2021 cap-subject H-1B petitions. At this time, premium processing only remains available for H-1B petitions that are exempt from the cap, such as extension of stay requests.

When USCIS begins accepting cap-subject petitions on April 1, petitioners filing FY 2021 cap-subject H-1B petitions will not be able to request premium processing. USCIS will reject any Form I-907 concurrently filed with a cap-subject H-1B Form I-129 until premium processing resumes for FY 2021 cap-subject H-1B petitions,

The earliest date that USCIS will resume premium processing for all other FY 2021 cap-subject H-1B petitions is June 29, 2020.

Petitioners filing FY 2021 H-1B cap-subject petitions will be eligible to upgrade to premium processing by filing Form I-907 once premium processing resumes, as applicable. USCIS will notify the public with a confirmed date for resuming premium processing for FY 2021 H-1B cap-subject petitions.

The agency will resume premium processing in a two-phased approach during the FY 2021 cap season so that it can best manage premium processing requests.

  • The first phase will include FY 2021 cap-subject H-1B petitions, including those eligible for the advanced degree exemption, requesting a change of status from F-1 nonimmigrant status.
    • The second phase will include all other FY 2021 cap-subject petitions.

Our experienced attorneys have years of experience working in immigration law so know that you are in good hands. You may contact Attorney Jing Amy Feng jfeng@fengvisa.com if you have any questions. Please note that USCIS has done this in the past. For more information on the H-1B cap, and to subscribe to H-1B cap season email updates, visit the H-1B FY 2021 Cap Season page. For current Form I-129 processing times, visit the Check Case Processing Times page.

March 18, 2020 in News

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