United States – Premium Processing Resumes for All H-1B Petitions
United States – Premium Processing Resumes for All H-1B
This report announces that USCIS has resumed premium processing for all H-1B petitions on 12 March 2019.
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The U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B petitions 12 March 2019.1 This service had been suspended for most H-1B petition case types since September 11, 2018, and resumed only for those filed on or before December 21, 2018.2
WHY THIS MATTERS
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, Request for Premium Processing Service, and remit the government filing fee.
Employers should consider using the USCIS premium processing service to expedite the adjudication of long-pending H-1B cases requiring urgent approval to facilitate international travel or driver’s license renewal.
In order to benefit from expedited processing for certain employment-based petitions and applications, with premium processing, 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 a request for evidence (RFE) is issued, the final adjudication will occur within 15 days of receipt of the RFE response by USCIS.
KPMG LAW LLP NOTE
If seeking to file a premium processing upgrade for a petition that has been transferred to 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.
At present, it is uncertain whether premium processing will be available for the upcoming FY20 H-1B Cap season. USCIS has indicated that the announcement to resume premium processing is not specific to the FY2020 H-1B cap filing season and that details about the FY2020 H-1B cap season will be addressed in a separate announcement.
KPMG Law LLP in Canada will continue to monitor the situation, and will endeavor to keep GMS Flash Alert readers informed as developments occur.
1 For more information, click here.
2 For prior coverage, see GMS Flash Alert 2019-033, (February 21, 2019).
* 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.
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