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ARTICLE · 31 JANUARY 2019

Premium Processing Resumes For FY2019 Cap Subject H-1B Petitions

Duane Morris LLP
Duane Morris LLP
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On January 26, 2019, USCIS announced that Premium Processing will resume on January 28, 2019 for all cap-subject FY2019 H-1B petitions; in other words,

United StatesImmigration

On January 26, 2019, USCIS announced that Premium Processing will resume on January 28, 2019 for all cap-subject FY2019 H-1B petitions; in other words, for any H-1B lottery application filed last April that is still pending with the agency. But shouldn't all of those petitions have already been approved? Well, um.... yes. But wasn't the employment start for all of those petitions October 1, 2018? Another, Yes. In spite of these facts there are several thousand H-1B cap-subject petitions still un-adjudicated or waiting for a decision months after employers responded to USCIS requests for additional information. Better late than never, as the old adage goes.

The announcement means that employers who have any of those thousands of petitions still at the agency can upgrade them to premium processing and receive a decision or a request for additional information within 15 days. Employers who are currently compiling responses to requests for information can also

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