On May 20, 2019, USCIS will begin premium processing for cap-subject H-1B cases that were filed concurrently with Form I-907 premium processing requests. Under the Premium Processing Service, USCIS guarantees 15-calendar-day processing. That means the first premium processing adjudications should start coming out by the end of May or beginning of June.

This is the first stage in USCIS’ “two-phased approach.” During the first phase, USCIS will premium process only cap-subject cases that are requesting a change of status. Any change of status petitions that were filed without requests for premium processing may request premium processing with an interfiling beginning May 20, 2019. The second phase, premium processing for all other cap-subject H-1B petitions, will not begin before June 2019.

At this time, premium processing for H-1B petitions that are exempt from the cap, such as extension of stay requests, remains available.

Between May 20 and June 3, 2019, USCIS will not use pre-paid mailers to send out final notices regarding cases that are premium processed. Instead, regular mail will be used. USCIS states that this method will be faster and more efficient, given the surge of applications, since the use of regular mail is automated, whereas using pre-paid mailers requires a manual process. How long this will continue is not known, although USCIS plans to start using pre-paid mailers after June 3rd, if operationally feasible.

Please contact Jackson Lewis if you have any questions.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.