USCIS Announces Temporary Suspension of Premium Processing for FY2021 Cap-Subject Petitions

USCIS announced yesterday the temporary suspension of premium processing for FY2021 cap-subject H-1B petitions. Fortunately, this seems to only be a temporary measure. USCIS plans to resume premium processing for those cap-subject H-1B petitions seeking a change of status from F-1 status to H-1B status no later than May 27, 2020, and for all remaining cap-subject H-1B petitions no later than June 29, 2020.

Copied from USCIS:

U.S. Citizenship and Immigration Services today announced the temporary suspension of premium processing service for fiscal year (FY) 2021 cap-subject H-1B petitions.

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

As USCIS has done in the past, premium processing will resume in a two-phased approach during the FY 2021 cap season so that USCIS 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.

This temporary suspension is similar to last year’s suspension and will help us to reduce overall H-1B processing times.

USCIS will resume premium processing for FY 2021 cap-subject H-1B petitions requesting a change of status from F-1 nonimmigrant status no later than May 27, 2020, and will notify the public before premium processing resumes for these petitions. Petitioners must appropriately select response “b” for Item 4 in Part 2 of Form I-129, and indicate “F-1” for Item 5, “Current Nonimmigrant Status” in Part 3 of Form I-129 to be eligible to file a Form I-907 as part of this first group.

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.

At this time, premium processing remains available for H-1B petitions that are exempt from the cap, such as extension of stay requests.

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.

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