By Angelita Chavez-Halaka, Armando Escobedo, and Juan Valdez

Summary

USCIS has temporarily expanded suspension of premium processing for certain H-1B petitions. The suspension is expected to last through the estimated date of February 19, 2019.

USCIS previously announced suspension of premium processing for fiscal year 2019 cap-subject H-1B petitions. USCIS has now expanded suspension to all H-1B petitions filed at the Vermont and California Service Centers.

What Cases are Impacted?

Beginning September 11, 2018, USCIS will reject any Premium Processing request filed with the affected H-1B Petitions.

Suspension applies to:

• Fiscal year 2019 Cap-Subject H-1B Petitions
• All H-1B Petitions filed at the Vermont and California Service Centers

Suspension does not apply to:

• Petitions exclusively filed at the California Service Center (CSC) because the beneficiary will be employed by a Cap-Exempt qualifying institution, entity, or organization; OR
• Petitions exclusively filed with the Nebraska Service Center requesting a “Continuation of previously approved employment without change with the same employer” with a concurrent request to:
  • Notify the consular office so that beneficiary can obtain a visa or be admitted; or
  • Extend the stay of the Beneficiary because the Beneficiary now holds this status
• Any other Nonimmigrant classification filed

Please note that the suspension will remain in effect until February 19, 2019 or until further notice. As always, will continue to monitor this change.

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