The USCIS Premium Processing Service guarantees the processing of certain filings such as H-1B petitions within 15 calendar days to those petitioners or applicants who pay the required additional fee. USCIS has announced that it will temporarily suspend premium processing for all H-1B petitions beginning April 3, 2017. This suspension affects all H-1B filings. Therefore, no premium processing will be available for April's H-1B cap cases. H-1B petitions that are currently pending cannot be "upgraded" to premium after April 3, 2017.

H-1B petitions requesting premium processing that are properly filed with the USCIS prior to April 3, 2017, will be processed according to the premium processing guidelines. The USCIS also notes that this temporary suspension does not apply to other processes that are eligible for premium processing (such as L-1 filings or certain I-140 immigrant petition filings).

Expedited processing will be available during this suspension of premium processing. Expedited processing is awarded on a case-by-case basis if a petition meets certain criteria including severe financial loss to company or person, emergency situation, or humanitarian reasons. Such processing is discretionary and is rarely granted.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.