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USCIS Resuming H-1B Cap Premium Processing

January 25, 2019

Today, USCIS announced it will allow petitioners to file premium processing requests for any pending H-1B petitions filed during last year’s lottery. USCIS will begin accepting these requests on Monday, January 28, 2019. USCIS also announced it will resume premium processing for other H-1B categories, including change of employer petitions, as USCIS workload permits. The inability to file with premium processing during the Fiscal Year 2019 cap created havoc on petitioners and beneficiaries, especially beneficiaries working under “cap gap” and others who requested a change of status but could not travel during the pendency of the case. While we are hopeful the agency will be able to timely adjudicate H-1B petitions under the Fiscal Year 2020 cap, USCIS reserves the right to again take away premium processing. We will continue to provide updates on this topic.

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