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USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions – May 20, 2015

The USCIS announced on May 19, 2015 that starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

USCIS will refund the premium processing fee if:

* A petitioner filed H-1B petitions prior to May 26, 2015, using the premium processing service, and

* USCIS did not act on the case within the 15-calendar-day period.

Premium processing remains available for all other Form I-129 H-1B petitions, including petitions subject to the H-1B cap that are requesting a change of nonimmigrant status or consular notification.

The USCIS has stated that this temporary suspension will allow it to implement the Employment Authorization for Certain H-4 Spouses final rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations.

If you have questions or concerns please contact your Garfinkel attorney by calling our office at 704.442.8000.

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