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ARTICLE · 09 AUGUST 2017

Premium Processing Resumes For Cap-Exempt H-1B Employers

Seyfarth Shaw LLP
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USCIS temporarily suspended premium processing of H-1B petitions on April 1, 2017. USCIS implemented the temporary hold to address significant backlogs in case processing.

United StatesImmigration
Brian Potter
Brian Potter
Jason Burritt
Jason Burritt
Michelle Gergerian
Michelle Gergerian
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USCIS temporarily suspended premium processing of H-1B petitions on April 1, 2017. USCIS implemented the temporary hold to address significant backlogs in case processing. At this time, USCIS has reinstated premium processing for H-1B petitions filed by certain cap-exempt employers. An employer is "cap-exempt" if it falls into one of the following categories:

  • An institution of higher education;
  • A nonprofit related to or affiliated with an institution of higher education; or
  • A nonprofit research or governmental research organization.

In addition, premium processing will resume for petitions in which the foreign worker will be employed at a qualifying cap-exempt institution, organization, or entity.

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