The U.S. Citizenship and Immigration Services (USCIS)
will immediately resume premium processing for certain cap-exempt H-1B petitions effective.
The H-1B visa has an annual cap of 65,000 visas each fiscal year.
Additionally, there is an annual “master’s cap” of 20,000 petitions filed for
beneficiaries with a U.S. master’s degree or higher.
A statement from the USCIS said that, “Premium processing
will resume for petitions that may be exempt from the cap if the H-1B
petitioner is:
* 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.
According to the statement, “Starting Monday, July 24,
those cap-exempt petitioners who are eligible for premium processing can file
Form I-907, Request for Premium Processing Service for Form I-129, Petition for
a Nonimmigrant Worker. Form I-907 can be filed together with an H-1B petition
or separately for a pending H-1B petition.
“USCIS previously announced that premium processing
resumed on June 26 for H-1B petitions filed on behalf of physicians under the
Conrad 30 waiver program as well as interested government agency waivers,” it
said.
It added that “USCIS plans to resume premium processing
of other H-1B petitions as workloads permit. USCIS will make additional
announcements with specific details related to when we will begin accepting
premium processing for those petitions. Until then, premium processing remains
temporarily suspended for all other H-1B petitions. USCIS will reject any Form
I-907 filed for those petitions, and if the petitioner submitted one check
combining the Form I-907 and Form I-129 fees, USCIS will have to reject both
forms.”