On May 20, 2019, USCIS will begin premium processing for FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker. Petitioners who do not file Form I-907, Request for Premium Processing Service, concurrently with an FY 2020 cap-subject H-1B petition requesting a change of status must wait until premium processing begins on May 20 to submit Form I-907.
On March 19, USICS announced that they would offer premium processing in a two-phased approach during the FY 2020 cap season to best manage premium processing requests without fully suspending it. In the past few years, USCIS had to suspend all premium processing for H-1B petitions due to high demand. Based on feedback from the public, USCIS are using this phased approach to benefit petitioners and ensure efficient premium processing. The first phase includes FY 2020 cap-subject H-1B petitions requesting a change of status and the second phase will include all other FY 2020 cap-subject petitions.
Premium processing for all other FY 2020 cap-subject H-1B petitions will not begin until at least June 2019. USCIS will notify the public with a confirmed date for premium processing for cap-subject petitioners not requesting a change of status. At this time, premium processing for H-1B petitions that are exempt from the cap, such as extension of stay requests, remains available.
Pre-paid Mailer Temporary Suspension
Starting on May 20 and continuing through the end of June 3, USCIS will not use pre-paid mailers to send out final notices for premium processing for FY 2020 cap-subject H-1B petitions requesting a change of status. Instead, USCIS will use regular mail. USCIS will be doing this due to resource limitations as they work to process all premium processing petitions in a timely manner. The process for printing approval notices and sending them by regular mail is fully automated, whereas use of the pre-paid mailers requires a separate and more time-consuming manual process. As such, and given the initial surge of premium processing requests for H-1B cap petitions and its impact on USCIS resources, using pre-paid mailers may actually delay the issuance of an approval notice, compared to the standard process or otherwise negatively affect USCIS ability to timely process premium processing petitions. After the two-week period, USCIS intend to resume sending out final notices in pre-paid mailers provided by petitioners, when operationally feasible. USCIS will be following a similar process when premium processing resumes for the second phase of FY 2020 cap-subject H-1B petitions.
For more information about the H-1B non-immigrant visa classification, please feel free to reach out to the U.S. Immigration and Nationality lawyers at NPZ Law Group at info@visaserve.com In the alternative, please visit our website at https://www.visaserve.com or call us at 201-670-0006 (ext. 107).