Legal Update

May 19, 2015

USCIS Suspends Premium Processing for H-1B Extensions

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In an effort to implement the new Employment Authorization initiative for H-4 Spouses, on May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that the agency will temporarily suspend premium processing for all H-1B Extension of Stay petitions.  The suspension will run from May 26, 2015 to July 27, 2015 and will be limited to H-1B petitions requesting an extension of H-1B nonimmigrant status.  According to USCIS, the agency will continue to process H-1B extensions that were filed with a premium processing request prior to May 26, 2015.  However, USCIS stated that the premium processing fee will be refunded if USCIS does not act on premium processed filings within the 15-calendar-day period, despite having filed the premium processing request prior to May 26, 2015.  Finally, USCIS confirms that premium processing will remain available for other types of H-1B petitions including change of status and consular notification filings.