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

On July 24, 2017, the U.S. Citizenship and Immigration Service (USCIS)  announced that it would resume Premium Processing of H-1B petitions for employers who are exempt from the annual H-1B Cap.

This comes as very welcome news to employers who are struggling to fill critical specialty occupation positions within their organizations in a timely fashion.

The H-1B visa program allows U.S. workers to sponsor qualified professional foreign nationals for employment in specialty occupation positions. There is an annual limit of 85,000 H-1B visas available to U.S. employers. However, certain employers are exempt from the annual cap.

So-called “cap-exempt employers” include:
 – Institutions of higher education;
– Nonprofit organizations related to or affiliated with an institution of higher education; and
– Nonprofit research or governmental research organizations.

These “cap-exempt” employers will now be able to file H-1B petitions on behalf of qualified foreign national employees for specialty occupation positions and request Premium Processing. 

The Premium Processing program allows employers to pay an additional USCIS filing fee of $1,225.00 to have their H-1B petitions adjudicated by the USCIS within 15 days of filing.

Cap-exempt employers also have the option of “upgrading” H-1B petitions currently pending before USCIS to Premium Processing.

The Premium Processing program provides a critical function for many U.S. employers who require qualified foreign national employees to fill positions for which there are limited or no qualified, willing and able U.S. workers. Universities, hospitals and affiliated school districts are notable examples of cap exempt employers that have struggled to fill critical positions within their organizations during the Premium Processing suspension.

Since 2001, Premium Processing has been available for a variety of immigrant and non-immigrant petitions with USCIS, including H-1B, E-2, L-1, O-1, P-1, Q-1, R-1 and TN petitions. 

On April 3, 2017, the USCIS announced a temporary suspension of “Premium Processing” for all H-1B petitions. The USCIS indicated that the suspension of Premium Processing could last for up to six months (through October 3, 2017).

On June 26, 2017, USCIS announced that it would resume Premium Processing for petitions filed on behalf of physicians under the Conrad 30 waiver program and interested government agency waivers.

Cap-exempt employers are the second group of employers to benefit from the resumption of Premium Processing.

For more information on Premium Processing, H-1B visas or H-1B cap-exempt status, please contact Kolko & Associates, P.C.

 

Jennifer Casey

Jennifer Casey is Managing Partner at Kolko & Casey, P.C. Jennifer specializes in employment based and family based immigration matters.

Recent Posts

Senior Associate Attorney, Petula McShiras, Invited to Speak at AILA South Florida’s 46th Annual Conference

On February 20-21, 2025, American Immigration Lawyers Association South Florida chapter hosted its 46th Annual…

2 weeks ago

Kolko and Casey, P.C. Honors Two of our Paralegals, Celebrating 20 years of Service to the Firm.

  During this busy and tumultuous time, we want to highlight our phenomenal staff. Today,…

2 weeks ago

Update on Temporary Protected Status (TPS) for Venezuelans in the United States

As of February 2025, significant changes have occurred regarding Temporary Protected Status (TPS) for Venezuelan…

3 weeks ago

FY 2026 H-1B Cap Initial Registration Period Runs from March 7, 2025 – March 24, 2025

On February 25, 2025, USCIS announced information for the initial registration period for the FY2026…

4 weeks ago

Information about ICE Activity in Colorado

Reporting ICE Activity The Colorado Rapid Response Network (CORRN) is a network of nonprofits committed…

4 weeks ago

The Laken Riley Act: What Does This Mean For You?

On January 29, 2025, President Trump signed the Laken Riley Act. This law will require…

1 month ago