• Attorney Prescott

Premium processing for FY 2020 H-1B cap petitions

Today, USCIS announced that premium processing will be available for certain H-1B cap petitions in FY 2020.

USCIS will begin accepting cap petitions on April 1, 2019 and will reject any petitions filed before this date.

Premium processing will be available, in what USCIS terms a two phased approach. This is to enable USCIS to better manage cases and avoid having to suspend premium processing as they have done in previous years.

Only those filing on April 1, 2019 requesting a change of status are eligible to request premium processing. This means if you are requesting consular processing then you will not be able to file a concurrent request for premium in April.

For cases filed with a premium request the 15 day clock will not start immediately. USCIS have stated that they intend to begin premium processing no later than May 20, 2019 and will notify the public before premium processing begins.

If premium is not requested then a later request to upgrade to premium will not be permitted until premium processing officially begins.

Premium processing for other cases i.e. those requesting consular processing will not begin until June 2019, but again USCIS will notify the public when this becomes available.

March 19, 2019.


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