United States – Premium Processing Resumes for FY 2019 H-1B Cap Petitions

United States – Premium Processing Resumes for FY 2019

This report covers the resumption of U.S. premium processing services for pending FY 2019 H-1B cap cases, which had been suspended since April 2, 2018.

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The U.S. Citizenship and Immigration Services (USCIS) resumed premium processing services for pending FY 2019 H-1B cap cases on Monday, January 28, 2019.1  This service was suspended for FY 2019 H-1B cap cases starting April 2, 2018.2  Employers can now upgrade pending cap cases for service under premium processing for an additional fee.  

WHY THIS MATTERS

Employers and beneficiaries should consider utilizing the USCIS premium processing service to expedite the adjudication of FY 2019 H-1B cap cases, particularly in cases requiring urgent approval to facilitate international travel or immediate work authorization.  It is important to note, that for many categories of H-1B petitions, the previously-announced temporary suspension of premium processing remains in effect.  (For more information on the previously-announced premium processing suspension, see our August 2018 report.)

Context

Premium processing is an optional service offered by the USCIS that allows for expedited processing for certain employment-based petitions and applications.

The USCIS guarantees a 15 calendar-day processing time to those petitioners or applicants who submit a Form I-907, Request for Premium Processing Service, and remit the government filing fee of $1,410.

The 15-calendar-day period begins when USCIS receives the completed Form I-907.

KPMG LAW LLP NOTE

Please note the previously-announced temporary suspension of premium processing remains in effect for all other categories of H-1B petitions to which it applied, including changes of employer, amendments, and non-cap subject changes of status until further notice. USCIS previously announced that it expects to resume the premium processing service for these remaining H-1B categories on February 19, 2019; however, this date is subject to change. 

KPMG Law LLP in Canada will continue to monitor the situation, and will endeavor to keep GMS Flash Alert readers informed as developments occur. 

FOOTNOTES

1  See the announcement on the USCIS Web site

2  For prior coverage, see GMS Flash Alert 2018-116, August 31, 2018.

* Please note that KPMG LLP (U.S.) does not provide any immigration services.  However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.   

 

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

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GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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