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Update: USCIS Announces Premium Processing will be available for FY2020 CAP-Subject H-1B Petitions in a Two-Phased Approach

March 20, 2019

Update: USCIS announced earlier today that Premium Processing willbe available for FY2020 cap-subject H-1B petitions in a two-phased approach

Phase 1: Starting April 1, 2019, only FY2020 cap-subject H-1B petitions requesting a change of status can concurrently request premium processing (“Group 1”). However, premium processing for these petitions will not begin immediately. USCIS will announce when premium processing will start for these petitions (no later than May 20, 2019).

If Premium Processing is not filed concurrently with an FY2020 H-1B cap-subject petition requesting a change of status, the case cannot be upgraded until Premium Processing begins for this group.

Phase 2: For all other FY2020 cap-subject H-1B petitions (“Group 2”), Premium Processing will not be accepted until at least June 2019 (USCIS will provide a confirmed date). Any FY2020 cap-subject H-1B petition not requesting a change of status may not concurrently submit a Premium Processing requestand can only be upgraded once Premium Processing becomes available for this group.

*Note: At this time, Premium Processing remains available for H-1B petitions that are exempt from the cap, such as extension of stay requests.