Last Updated on February 23, 2023
U.S. Citizenship and Immigration Services (USCIS) announced the temporary suspension of premium processing for all fiscal year (FY) 2021 cap-subject H-1B visa petitions.
What Happened?
Employers that are seeking to file H-1B visa cap petitions for FY 2021 cannot file Form I-907 for premium processing concurrently. The temporary suspension is similar to last year’s suspension and is meant to reduce overall H-1B processing times.
Please note that premium processing can be requested after the case has already been filed once the suspension has been lifted.
USCIS plans to resume premium processing in a two-phase approach. The first phase will include FY 2021 cap-subject H-1B petitions with advanced degree exemption and requesting a change of status from F-1 nonimmigrant status. USCIS plans on resuming premium processing for petitions that meet these prerequisites no later than May 27, 2020 and will notify the public before premium processing resumes.
The second phase will include all other FY 2021 cap-subject H-1B petitions. The earliest estimated date USCIS plans to begin accepting all other FY 2021 cap-subject H-1B petitioner’s request for premium processing is June 29, 2020, however this is subject to change.
Who Does This Impact?
This impacts all FY 2021 cap-subject H-1B visa petitions that were slated to be processed with the Form I-907 for premium processing. This does not affect all other H-1B visa petitions filed with Form I-907 for premium processing at this time.
How is Envoy and GIA responding?
Global Immigration Associates (GIA) will not be filing any FY 2021 cap-subject H-1B petitions concurrently with premium processing until USCIS notifies that the suspension has been lifted. Once this happens, GIA will analyze each case needing premium processing and if they fall under first phase or second phase of the suspension.
What do I need to do next?
As this was anticipated, GIA did not add premium processing to FY 2021 cap-subject H-1B petitions. We are monitoring USCIS announcements and will publish information about any updates. Once premium processing becomes available, we will send instructions on how to add it to existing H-1B petitions.
Envoy is pleased to provide you this information, which was prepared in collaboration with Sara Herbek, who is a Managing Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.
