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United States – Premium Processing Resumes for All H-1B Petitions

United States – Premium Processing Resumes for All H-1B

This report announces that USCIS has resumed premium processing for all H-1B petitions on 12 March 2019.

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The U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B petitions 12 March 2019.1  This service had been suspended for most H-1B petition case types since September 11, 2018, and resumed only for those filed on or before December 21, 2018.2

WHY THIS MATTERS

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.

Employers should consider using the USCIS premium processing service to expedite the adjudication of long-pending H-1B cases requiring urgent approval to facilitate international travel or driver’s license renewal. 

Context

In order to benefit from expedited processing for certain employment-based petitions and applications, with premium processing, the USCIS guarantees a 15 calendar-day processing time to those petitioners or applicants who submit a Form I-907 and remit the government filing fee of $1,410. With this, the H-1B petition should be approved, denied, or a request for evidence (RFE) will be issued within the 15-day premium processing period.

The 15 calendar-day period begins when USCIS receives the completed Form I-907 and filing fee at the correct service center. If a request for evidence (RFE) is issued, the final adjudication will occur within 15 days of receipt of the RFE response by USCIS.

KPMG LAW LLP NOTE

If seeking to file a premium processing upgrade for a petition that has been transferred to a different service center, Form I-907, Request for Premium Processing Service, and the requisite filing fee should be submitted along with a copy of the transfer notice to the service center currently handling the case.

At present, it is uncertain whether premium processing will be available for the upcoming FY20 H-1B Cap season.  USCIS has indicated that the announcement to resume premium processing is not specific to the FY2020 H-1B cap filing season and that details about the FY2020 H-1B cap season will be addressed in a separate announcement. 

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  For more information, click here

2  For prior coverage, see GMS Flash Alert 2019-033, (February 21, 2019).

 

* 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.

© 2019 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

Flash Alert is an Global Mobility Services publication of KPMG LLPs Washington National Tax practice. The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in 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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