Monday, July 24, 2017

USCIS Resumes Premium Processing for Cap-Exempt H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) has announced that it will resume premium processing for cap-exempt H-1B petitions, effective immediately. Starting today, those cap-exempt petitioners who are eligible for premium processing can file Form I-907 with USCIS, along with the appropriate filing fee of $1,225.

To be classified as a cap-exempt organization, H-1B petitioners must meet one of the following eligibility criteria:
  • An institution of higher education;
  • A nonprofit related to or affiliated with an institution of higher education; or
  • A nonprofit research or governmental research organization.
Premium processing will also resume for petitions that may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity.

USCIS has stated that it plans to resume premium processing of other H-1B petitions as workloads permit, and will make public announcements as updates are made.

Until then, premium processing remains temporarily suspended for all other H-1B petitions. In its release USCIS has stated that it will reject both forms if the petitioner submits one check combining the Form I-907 and Form I-129 fees for any non-eligible cases. For additional information on this update, please refer to the USCIS news release here.

For specific questions regarding your personal situation, please contact the SIL attorney with whom you are working.  For more general inquiries, please contact us at   

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