September 19, 2017

USCIS RESUMES PREMIUM PROCESSING FOR ALL FISCAL YEAR (FY) 2018 CAP-SUBJECT H-1B VISA PETITIONS.

by Rabindra Singh

Effective today, September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. In addition to the regular H-1B Cap of 65,000 visas, USCIS has resumed premium processing for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree.

In the past, USCIS resumed premium processing of H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers, and for certain H-1B petitions[1] that are not subject to the cap.

Premium processing remains temporarily suspended for all other H-1B petitions, such as extensions of stay. However, remaining petitioners may submit a request to expedite their application if they meet the specific criteria[2].

USCIS plans to resume premium processing for all other remaining H‑1B petitions not subject to the FY 2018 cap by taking into consideration its workload.

[1] Submitted by: 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.

[2] Severe financial loss to company or person ; Emergency situation; Humanitarian reasons; Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States; Department of Defense or national interest situation; USCIS error; or Compelling interest of USCIS.

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