USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

We wanted to share this flash news item from the USCIS as quick as we could.  As of May 26th, the USCIS will temporarily suspend for two months the premium processing of all H-1B extension of stay extensions.  They are doing this to accommodate the flow of the new H-4 Spouse EAD filings.  We anticipate there may be further ripples from this increase in processing.  Visawolf will keep you posted. As always, reach out to us with any questions or need for assistance.

This is the notice from the USCIS:

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

USCIS will refund the premium processing fee if:

  • A petitioner filed H-1B petitions prior to May 26, 2015, using the premium processing service, and
    USCIS did not act on the case within the 15-calendar-day period.
  • Premium processing remains available for all other Form I-129 H-1B petitions, including petitions subject to the H-1B cap that are requesting a change of nonimmigrant status or consular notification.

This temporary suspension will allow USCIS to implement the Employment Authorization for Certain H-4 Spouses final rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations.