Yesterday, USCIS published plans to restrict its Premium Processing service as the Agency prepares to receive a high volume of cap-subject cases in less than two weeks from now. The Agency confirmed that:
- Premium Processing for all FY 2019 cap-subject petitions will be suspended, including Regular and Master's cap cases.
- Cases not subject to the cap are not included in the temporary suspension.
- This suspension is expected to last until Sept. 10, 2018.
- Cap-subject cases may not be filed with an accompanying I-907 form. During this temporary suspension, any Form I-907, Request for Premium Processing Service, filed with an FY 2019 cap-subject H-1B petition will be rejected.
- If a petitioner submits one combined check for the fees for Form I-907 and Form I-129 both forms will be rejected.
- Petitioners may file a Form I-907 ("upgrade" style) for FY 2019 cap-subject H-1B petitions that remain pending when the suspension is lifted.
Though anticipated and, thankfully, less broad than the suspension imposed last year which did not distinguish between cap-subject and non-cap-subject applications, this is still unwelcome news. Those hoping to begin employment on October 1st now face uncertainty as to whether their cases will be completed on time.