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