Resuming of H1B Premium Processing After Suspension
The United States Citizenship and Immigration Services (USCIS) has suspended premium processing for the H1B visa since March 3, 2017. However, there is some good news for those who wish to return to premium processing for future H1B filings. The earliest date on which premium processing will be restored for FY 2021 cap-subject H-1B petitions and subsequent year filings is currently set for June 29, 2020. This allows petitioners who file FY 2021 H-1B cap-subject petitions to upgrade to premium processing once it resumes.
Expected Timeline
Based on current operational status within federal government offices, don’t expect premium processing to resume before mid-July or at the earliest, possibly the first week of August. The process is known to be slow, and it is not the top priority.
USCIS has not provided an official timeline for the resumption of premium processing, suggesting that the suspension will continue until certain restrictions, such as stay-at-home orders, are lifted. This uncertainty has led to a concern that the suspension may extend for a considerable period, potentially until after the conclusion of the COVID-19 crisis. This has raised particular concerns as there are approximately 3 million unemployed Americans who might benefit from this program.
Due to the ongoing health crisis, many employees are unable to work, particularly with school closures and sick family members, leading to reduced workforce capacity. Therefore, USCIS is currently unable to honor premium processing applications. At any rate, it is advised to stay updated by regularly checking the USCIS website.
Historical Context and Current Status
Typically, USCIS resumes premium processing around August to October of the year following the fiscal season for new H1B filings. However, the current situation is likely to be different. The current system heavily relies on a paper-based process, significantly impacting the ability of USCIS to handle new filings efficiently. Processing centers require physical presence to collect, evaluate, and make decisions on applications, which are currently hindered by lack of staff due to the pandemic.
Priority and Status of Premium Processing
For individuals interested in transferring their H1B status through premium processing, the current situation is still evolving. USCIS has only resumed premium processing for H1B cap-exempt cases, meaning that cap-exempt H1B beneficiaries can still benefit from the expedited processing service. Nonetheless, other H1B applicants are awaiting the full resumption of premium processing.
As of now, it is not clear when premium processing will be available for non-cap-exempt H-1B transfers. To gain clarity on the current situation, interested parties are advised to follow up with USCIS directly or monitor the official website for updates.