A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Friday, January 25, 2019

Premium Processing Allowed for FY2019 CAP Cases

USCIS just announced it will resume premium processing services on Monday, January 28, 2019 for all fiscal year (FY) 2019 H-1B cap petitions - including the master cap cases.   Requests to upgrade to premium processing can be submitted with the responses to Requests for Evidence (RFE).  

It is important to note that FY 2019 CAP cases refer to those petitions that were filed in 2018 -- and are still pending. 

Only two other types of cases are eligible for premium processing services after the announcement: 1) Extension petitions with the same employer without changes; and 2) Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization.

All other types of H-1B petitions remain ineligible for premium processing services.

The announcement is a timely one as employers and foreign workers are gearing up for the FY 2020 H-1B cap filing season.  It is important for USCIS to complete the processing of FY 2019 cases as soon as possible.

No comments:

Post a Comment