May 20, 2015

USCIS Alert: Premium Processing Temporarily Suspending for H-1B Extensions

Premium Processing service provides expedited processing for certain employment-based petitions and applications. Specifically, U.S. Citizenship and Immigration Services (USCIS) guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service or USCIS will refund the Premium Processing Service fee. If the fee is refunded, the case will continue to receive expedited processing.

Starting May 26, 2015, USCIS will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, 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, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

Extension of stay petitions are those requesting an extension of status and work authorization for those who are currently in H-1B status. By law, an H-1B employee’s work authorization is automatically extended for 240 days as long as the I-129 petition is filed before the expiration date of the H-1B visa.

Premium processing remains available for all other Form I-129 H-1B petitions, including petitions subject to the H-1B cap that are requesting a change of nonimmigrant status or consular notification.

For additional information, please visit the USCIS website by clicking here.

Angela M. Lopez
Shareholder
alopez@cowlesthompson.com
214.672.2162