On May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) announced it would temporarily suspend premium processing, which guarantees processing of a case within 15 days, for H-1B petitions requesting an extension of stay. USCIS plans to resume premium processing by July 27, 2015.
USCIS decided to suspend premium processing for extensions in order to allocate its resources for the adjudication of employment authorization applications for H-4 spouses under the new regulation. USCIS began accepting these applications on May 26, 2015, and it anticipated a high number of applications during the period between May 26 and July 27, 2015.
At this time, premium processing remains available for H-1B petitions requesting the following:
USCIS also clarified it will not accept premium processing requests for any H-1B petition requesting an extension of stay even if the petition is also requesting a change of employer.
If an urgent need for expedited processing of an H-1B petition exists, USCIS has indicated that it will review expedite requests on a case-by-case basis. To have a case expedited, the petitioner must demonstrate that at least one of the following applies:
If you have any questions regarding premium processing or have a case in which you need to request expedited processing of an H-1B extension, please contact our office to schedule a consultation.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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