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USCIS Announces Temporary Suspension of Premium Processing for FY2021 Cap-Subject Petitions

Updated: Aug 1, 2022

What’s happening to premium processing for FY2021 Cap-Subject Petitions?

In recent news, USCIS has announced a temporary suspension of the premium processing service for fiscal year (FY) 2021 cap-subject H-1B petitions. USCIS will notify the public with a confirmed date for when premium processing for FY 2021 H-1B cap-subject petitions will resume.

Until such time, here are the major changes you should expect when filing:

  • When USCIS begins accepting cap-subject petitions on April 1st any Form I-907 filed in conjunction with a cap-subject H-1B Form I-129 will be rejected.

  • Premium processing for FY 2021 cap-subject H-1B petitions requesting a change of status from F-1 nonimmigrant status will resume no later than May 27, 2020.

  • The earliest USCIS will resume premium processing for all other FY 2021 cap-subject H-1B petitions is June 29, 2020.

  • Petitioners filing for FY 2021 H-1B cap-subject petitions will be able to upgrade to premium processing by filing Form I-907 once premium processing resumes.

  • Premium processing will remain available for H-1B petitions that are exempt from the cap, such as extension of stay requests.

Should you have any concerns or questions about these changes, then consider registering for one of our H-1B training webinars. Our live H-1B training's are led by experienced, practiced business immigration attorneys. Training covers topics such as, preparing for requests for evidence (RFEs) and H-1B best practices. Training information and registration can be found HERE.

Danielle Atchison

Business Immigration Lawyer


The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.

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