USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions | Practical Law

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions | Practical Law

US Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend premium processing for all H-1B Extension of Stay petitions from May 26, 2015 to July 27, 2015.

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

Practical Law Legal Update 9-614-0165 (Approx. 3 pages)

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

by Practical Law Labor & Employment
Published on 21 May 2015 • USA (National/Federal)
US Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend premium processing for all H-1B Extension of Stay petitions from May 26, 2015 to July 27, 2015.
On May 19, 2015, US Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend premium processing for all H-1B petitions requesting an extension of stay between May 26, 2015 and July 27, 2015. Extension of stay petitions affected include:
  • Extensions for the same employer.
  • Change of employer petitions for people already in H-1B status.
During the suspension period, petitioners are unable to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. However, USCIS will continue to premium process:
  • H-1B extension of stay petitions filed with Form I-907 before May 26, 2015.
  • H-1B petitions requesting a change of nonimmigrant status.
USCIS will refund premium processing fees if both:
  • The petitioner filed the H-1B petition using the premium processing service before May 26, 2015.
  • USCIS fails to act on the case within 15 calendar days.
The two-month suspension will allow USCIS to:
  • Efficiently implement the new regulation extending employment authorization to certain H-4 spouses.
  • Adjudicate employment authorization applications filed by H-4 nonimmigrants under the new regulations.
For more information on the new regulation, see Legal Update, DHS Publishes Rule Extending Employment Authorization to Certain Spouses in H-4 Status.
Update: On July 13, 2015, USCIS announced it resumed premium processing for H-1B petitions requesting an extension of stay, two weeks earlier than originally anticipated.