Major changes are expected in H-1B work visa program, either by the president's executive order or by the act of Congress, or both. A new bill was introduced in Congress. And DHS had already suspended Premium Processing for all H-1B I-129 applications file on April 3, 2017.
Read a detailed overview here.
USCIS published the following announcement:
Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification.
We will notify the public before resuming premium processing for H-1B petitions.
Who Is Affected
The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. Since FY18 cap-subject H-1B petitions cannot be filed before April 3, 2017, this suspension will apply to all petitions filed for the FY18 H-1B regular cap and master’s advanced degree cap exemption (the “master’s cap”). The suspension also applies to petitions that may be cap-exempt.
While premium processing is suspended, we will reject any Form I-907 filed with an H-1B petition. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, we will have to reject both forms.
We will continue to premium process Form I-129 H-1B petitions if the petitioner properly filed an associated Form I-907 before April 3, 2017.
Therefore, we will refund the premium processing fee if:
- The petitioner filed the Form I-907 for an H-1B petition before April 3, 2017, and
- We did not take adjudicative action on the case within the 15-calendar-day processing period.
Requesting Expedited Processing
While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet the criteria on the Expedite Criteria webpage. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria, and we encourage petitioners to submit documentary evidence to support their expedite request.
As a rule, USCIS may expedite a petition or application if it meets one or more of the following criteria:
- 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 (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);
- USCIS error; or
- Compelling interest of USCIS.
Why We Are Temporarily Suspending Premium Processing for H-1B Petitions
This temporary suspension will help to reduce overall H-1B processing times. By temporarily suspending premium processing, we will be able to:
- Process long-pending petitions, which we have currently been unable to process due to the high volume of incoming petitions and the significant surge in premium processing requests over the past few years; and
- Prioritize adjudication of H-1B extension of status cases that are nearing the 240 day mark.