EIG Dispatch – Special Alert

Premium Processing Service for H-1B Extensions Temporarily Suspended

The U.S. Citizenship and Immigration Service (USCIS) announced today that it will temporarily suspend its premium processing service for all H-1B extension petitions effective May 26, 2015 through July 27, 2015. As such, during the suspension petitioners will be unable to file Form I-907, Request for Premium Processing Service, in connection with petitions to extend H-1B nonimmigrant status for beneficiaries. Please note that this temporary suspension applies only to H-1B extension petitions filed on or after May 26, 2015 and will not affect other H-1B petitions (including petitions subject to the H-1B Cap).

The temporary suspension has been put in place to allow USCIS the necessary resources to implement the final rule regarding H-4 Employment Authorization and adjudicate H-4 Employment Authorization Document (EAD) applications. This rule will go into effect on May 26, 2015.

Premium processing is a fee-based service available for many types of employment-based immigrant and nonimmigrant visas and ensures that a petition is adjudicated by USCIS within 15 calendar days. USCIS will refund the premium processing fee if a petitioner filed an H-1B petition prior to May 26, 2015 using the premium processing service and USCIS did not act on the case within the 15-calendar-day period.

EIG will continue to monitor developments and provide updates as they become available.