United States – Premium Processing Resumes for Some 2018 H-1B Petitions
United States – Premium Processing Resumes for Some 201
This report announces that USCIS has resumed premium processing for H-1B petitions filed on or before December 21, 2018.
SUBSCRIBE
To subscribe to GMS Flash Alert, fill out the subscription form.
The U.S. Citizenship and Immigration Services (USCIS) has now resumed premium processing for petitions filed on or before December 21, 2018.1 This service had been suspended for most H-1B petition case types since September 11, 2018.2 Employers can now upgrade those pending H-1B cases eligible for service under premium processing for an additional fee of $1,410.
WHY THIS MATTERS
Employers and beneficiaries should consider using the USCIS premium processing service to expedite the adjudication of pending H-1B cases in cases requiring urgent approval to facilitate international travel or driver’s license renewal. If seeking to file a premium processing upgrade for a petition which has been transferred a different service center, Form I-907, Request for Premium Processing Service, and the requisite filing fee should be submitted along with a copy of the transfer notice to the service center currently handling the case.
Premium processing remains suspended for the following H-1B case types filed on or after December 22, 2018:
- H-1B Extension petitions
- H-1B Amendment petitions
- H-1B Change of Employer petitions
- H-1B New Not Subject to H-1B Cap petitions
Context
Premium processing is an optional service offered by the USCIS that allows for expedited processing for certain employment-based petitions and applications.
The USCIS guarantees a 15 calendar-day processing time to those petitioners or applicants who submit a Form I-907 and remit the government filing fee of $1,410. With this, the H-1B petition should be approved, denied, or a request for evidence (RFE) will be issued within the 15-day premium processing period. The 15-calendar-day period begins when USCIS receives the completed Form I-907 and filing fee at the correct service center. If an RFE is issued, the final adjudication will occur within 15 days of receipt of the RFE response by USCIS.
KPMG LAW LLP NOTE
USCIS has not yet announced a timeline for resuming premium processing in all cases or whether premium processing will be available for the FY20 H-1B Cap season.
KPMG Law LLP in Canada will continue to monitor the situation, and will endeavor to keep GMS Flash Alert readers informed as developments occur.
FOOTNOTES
2 For prior coverage, see GMS Flash Alert 2018-116, (August 31, 2018)
RELATED LINKS
* Please note that KPMG LLP (U.S.) does not provide any immigration services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
We respectfully acknowledge that KPMG offices across Turtle Island (North America) are located on the traditional, treaty, and unceded territories of First Nations, Inuit and Métis peoples.
© 2023 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.
For more detail about the structure of the KPMG global organization please visit https://kpmg.com/governance.
GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.