The U.S. Citizenship and Immigration Services (USCIS) announced today that it will resume premium processing for certain cap-exempt H-1B petitions effective immediately.
Premium processing will resume only for petitions that may be exempt from the cap if the H-1B petitioner is:
* An institution of higher education;
* A nonprofit related to or affiliated with an institution of higher education; or
* A nonprofit research or governmental research organization.
Premium processing will also resume for petitions that may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity.
USCIS previously announced that premium processing resumed on June 26 for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program as well as interested government agency waivers.
USCIS plans to resume premium processing of other H-1B petitions as workloads permit. USCIS will make additional announcements with specific details related to when we will begin accepting premium processing for those petitions. Until then, premium processing remains temporarily suspended for all other H-1B petitions. USCIS will reject any Form I-907 filed for those petitions, and if the petitioner submitted one check combining the Form I-907 and Form I-129 fees, USCIS will have to reject both forms.
Please note that this also means that any pending petition for cap-exempt institutions can be “upgraded” to premium processing. If you have a petition pending that you wish to upgrade to premium processing, please contact us.