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H-1B Premium Processing Partially Reinstated

Glen D. Wasserstein, Managing Partner of ILG, specializes in immigration law, focusing on E-2 Investor Visas, L-1 visas, H-1B visas, and federal litigation. With a background in international relations, he founded ILG in 1996 and has addressed human trafficking at the United Nations Convention on Crime.

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U.S. Citizenship and Immigration Services (USCIS) announced the reinstatement of the premium processing program for a limited number of H-1B petitions. Premium processing resumed on January 28, 2019, for fiscal year (FY) 2019 H-1B cap cases (those subject to the annual quota). FY 2019 H-1B cap cases were those that were filed in April 2018 and were subject to the annual H-1B lottery. Because nearly all of those cases have already been adjudicated, the resumption of premium processing is available only for a small number of cases.

The premium processing suspension remains in effect for many H-1B petition types, including the following:

  • H-1B petitions to request a change of employer
  • H-1B petitions to amend existing H-1B status
  • H-1B petitions to change visa status from one visa type to another (for cases not subject to the H-1B cap)