Starting April 3, 2017, USCIS will 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. The temporary suspension will apply to all H-1B petitions filed on, or after April 3, 2017. Thus, while premium processing is suspended, any Form I907 filed with an H-1B petition will be rejected; as such if there is one combined check for both the Form I-907 and Form I-129 H-1B fees, both forms will have to be rejected.
However, USCIS will continue to premium process Form I-129 H-1B petitions properly filed before April 3, 2017. However, if USCIS did not take adjudicative action on the case within the 15 day calendar day processing period, and the petitioner filed the Form I-907 for an H-1B petition before April 3, 2017, the premium processing fee will be refunded.
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 petitioners are encouraged to submit documentary evidence to support their expedite request.
Expedite Criteria Include:
o Severe financial loss to company or erso;
o Emergency situation;
o Humanitarian reasons;
o Nonprofit organization whose request is in furtherance of the cultural and social interests of the United State;
o Department of Defense or tional terest tuation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);
o USCIS error; o
o Compelling interest of USCIS.