USCIS has announced its plan for premium processing of cases H-1B lottery cap cases filed during the first week of April.
Premium processing will be offered in a two-phased approach so USCIS can best manage the premium processing requests without fully suspending it as in previous years.
Requesting Change of Status
The first phase will include FY 2020 cap-subject H-1B petitions requesting a change of status and the second phase will include all other FY 2020 cap-subject petitions.
Starting April 1, cap-subject lottery H-1B petitioners requesting a change of status on their I-129 will be allowed to request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.
However, to prioritize data entry for cap-subject H-1B petitions, USCIS will not begin premium processing for these petitions immediately.
USCIS will begin premium processing for these petitions no later than May 20, 2019, and will notify the public before premium processing begins for these petitions.
If a petitioner does not file Form I-907 concurrently with an FY 2020 H-1B cap-subject petition requesting a change of status, the petitioner must wait until premium processing begins to submit Form I-907.
Until premium processing begins for these petitions, USCIS will reject any Form I-907 that is not filed concurrently with a cap-subject Form I-129. Petitioners must appropriately select response “b” for Item 4 in Part 2 of Form I-129 to be eligible to concurrently file Form I-907.
Not Requesting a Change of Status
Premium processing for all other FY 2020 cap-subject H-1B petitions will not begin until at least June 2019.
Cap-subject petitioners not requesting a change of status may not submit their premium processing request concurrently with their H-1B petition.
These petitioners will be eligible to upgrade to premium processing by filing Form I-907 once premium processing begins for this group.
USCIS will notify the public with a confirmed date for premium processing for cap-subject petitioners not requesting a change of status.