Details on Premium Processing Suspension

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.