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Chris Musillo on Nurse and Allied Health Immigration

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  1. USCIS SUSPENDING H-1 PREMIUM PROCESSING, STARTING APRIL 3

    by , 03-04-2017 at 09:23 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    USCIS will no longer accept Premium Processing Service (PPS) filings for any H-1B petition, starting April 3, 2017. USCIS says that the suspension could last for 6 months. PPS will not be available for H-1B cap cases, H-1B cap-exempt cases, H-1B extensions, H-1B amendments, or any other type of H-1B petition.

    USCIS claims that by suspending the PPS program for H-1B petitions, it will help them reduce overall H-1B processing times.

    Here is the full press release:



    USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions

    Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification. We will notify the public before resuming premium processing for H-1B petitions.
    Who Is Affected

    The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. Since FY18 cap-subject H-1B petitions cannot be filed before April 3, 2017, this suspension will apply to all petitions filed for the FY18 H-1B regular cap and masterís advanced degree cap exemption (the ďmasterís capĒ). The suspension also applies to petitions that may be cap-exempt.
    While premium processing is suspended, we will reject any Form I-907 filed with an H-1B petition. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, we will have to reject both forms.
    We will continue to premium process Form I-129 H-1B petitions if the petitioner properly filed an associated Form I-907 before April 3, 2017. Therefore, we will refund the premium processing fee if:

    1. The petitioner filed the Form I-907 for an H-1B petition before April 3, 2017, and
    2. We did not take adjudicative action on the case within the 15-calendar-day processing period.

    This temporary suspension of premium processing does not apply to other eligible nonimmigrant classifications filed on Form I-129.
    Requesting Expedited Processing

    While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet the criteria on the Expedite Criteria webpage. It is the petitionerís responsibility to demonstrate that they meet at least one of the expedite criteria, and we encourage petitioners to submit documentary evidence to support their expedite request.
    We review all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.
    Why We Are Temporarily Suspending Premium Processing for H-1B Petitions

    This temporary suspension will help us to reduce overall H-1B processing times. By temporarily suspending premium processing, we will be able to:

    • Process long-pending petitions, which we have currently been unable to process due to the high volume of incoming petitions and the significant surge in premium processing requests over the past few years; and
    • Prioritize adjudication of H-1B extension of status cases that are nearing the 240 day mark.



    \Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

    Updated 03-08-2017 at 01:11 PM by CMusillo

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