USCIS has announced that Premium Processing will be offered for FY 2020 cap season starting April 1, 2019. USCIS will implement premium processing in a two-phase approach: the first phase will include FY 2020 cap-subject H-1B petitions that are requesting a change of status, and the second phase will include all other FY 2020 cap-subject petitions.
Starting April 1 for FY 2020 cap-subject petitions, Petitioners requesting a change of status on the Form I-129 may request premium processing by concurrently filing the Form I-907, Request for Premium Processing Services. USCIS has stated that the premium processing petitions will not begin immediately in order to prioritize data entry of the cap-subject H-1B petitions. USCIS will begin premium processing of petitions which concurrently filed the I-129 and I-907 forms no later than May 20, 2019, and USCIS will notify the public before premium processing begins.
If a petitioner does not file the I-907 concurrently with the Form I-129 requesting a change of status, then the petitioner must wait until after premium processing begins to file the Form I-907. USCIS will reject any Form I-907 that is not filed concurrently with the Form I-129 until premium processing begins.
For all other FY 2020 H-1B cap-subject petitions not requesting a change of status, premium processing will not begin until at least June 2019. USCIS will notify the public as to the exact date when premium processing will begin for all FY 2020 H-1B cap-subject petitions not requesting a change of status. Petitioners that are not requesting a change of status cannot file the Form I-907 concurrently with the Form I-129. They must wait until premium processing begins for all other H-1B cap-subject cases to file the Form I-907 and upgrade to premium processing.
By Amanda Cardwell
Amanda is an associate attorney at Reddy & Neumann PC and has been with the firm since 2015. Her practice covers all phases of the PERM Labor Certification process