» Immigration Law Updates

USCIS to Permit Premium Processing for FY2020 H-1B Petitions, but in 2-Phase Approach

March 19, 2019

On its website today, the USCIS announced a 2-phase approach to premium processing for FY2020 H-1B petitions.  In previous years, the USCIS suspended premium processing for FY cases.

The 2 phases for this year are:

1. Employers requesting a change of status may concurrently file Form I-907 to request premium processing. The USCIS will not, however, immediately begin premium processing but indicates it will start no later than May 20, 2019.
2. All other types of FY2020 petitions (e.g., requesting consular notification due to international travel or for those not in the United States) may request premium processing starting as early as June, or possibly later (the USCIS said they would confirm the exact date later). Employers will be able to upgrade selected petitions as of that date and not prior.

The USCIS stated that if an employer requesting a change of status fails to request premium processing concurrently with the FY2020 petition (Phase 1), it will not be able to upgrade until the date that the USCIS announces it will begin premium processing (no later than May 20).  By that time, employers will likely know if their petition(s) has been actually selected in the lottery. 

If you have any questions about this latest development, contact Weaver Schlenger.