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Effective immediately, USCIS has resumed premium processing for all H-1B petitions. The resumption applies to new petitions as well as those that are currently pending with USCIS. This means that, for the first time in recent history, premium processing will likely be available for petitions filed during the annual H-1B cap-filing season in April. It also allows employers to expedite petitions for an amendment of H-1B status or change of employer, including long-pending petitions already on file with USCIS.

Premium processing service provides expedited processing of an H-1B petition within fifteen (15) calendar days for an additional fee of $1,410, as opposed to 6-12 months or more under standard processing. Additional benefits include email notifications of receipt and approval of petitions by USCIS, and a dedicated phone number and email address for petition-related inquiries.

During last year’s cap-filing season, USCIS temporarily suspended premium processing for all cap-subject petitions, and subsequently extended and expanded the suspension to other types of H-1B petitions, which created a hardship for certain H-1B holders and their employers, such as those beneficiaries needing to travel internationally while awaiting adjudication of an extension of their H-1B status. Full resumption of the service for H-1B petitions is a welcome development, as it can alleviate problems associated with delayed processing.

For more on H-1B petitions, click here.

˘ Law clerk/JD

Tags: business immigration, Greenberg Traurig, GT, GT Law, gtlaw, gt_law, H-1B, H-1B cap, H-1B petition, USCIS
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Photo of Martha Schoonover‡ Martha Schoonover‡

Martha J. Schoonover focuses her practice on business immigration matters and assists employers in obtaining temporary, nonimmigrant visas for business persons, managers and executives, treaty investors and traders, professionals (including researchers and scientists, engineers, computer professionals, and business professionals), exchange visitors, students, and…

Martha J. Schoonover focuses her practice on business immigration matters and assists employers in obtaining temporary, nonimmigrant visas for business persons, managers and executives, treaty investors and traders, professionals (including researchers and scientists, engineers, computer professionals, and business professionals), exchange visitors, students, and crew members working on the Outer Continental Shelf. In addition, Martha assists in obtaining labor certifications and permanent resident status for professionals, researchers, multinational managers and executives and other priority workers and in obtaining and relinquishing U.S. citizenship.

Martha represents companies facing U.S. government investigations or audits for immigration violations and prepares immigration and visa compliance programs for clients. She counsels employers on the employer sanctions and anti-discrimination provisions of the Immigration Reform and Control Act of 1986 and represents employers being audited by the U.S. Government. In addition, she assists foreign companies in obtaining vessel exemptions from the U.S. manning requirements of the U.S. Outer Continental Shelf Lands Act and in obtaining determinations from the Coast Guard that persons are not a part of the regular complement of the crew. Her practice involves appearances before and filing petitions/applications with the U.S. Department of State and its overseas posts, The U.S. Department of Labor, and the Department of Homeland Security, including U.S. Citizenship and Immigration Services and the U.S. Coast Guard. Martha has been a frequent lecturer and author for the American Immigration Lawyers Association (AILA) American Bar Association and ALI-ABA. She headed AILA’s Labor Certification Task Force from 1993 to 1995 and has served on its State Department and INS/CIS General Counsel Liaison Committees.

‡ Admitted in the District of Columbia. Not admitted in Virginia. Practice limited to federal immigration practice.
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