US – Premium Processing Resumes for All H-1B Petitions | KPMG | GLOBAL

United States – Premium Processing Resumes for All H-1B Petitions

US – Premium Processing Resumes for All H-1B Petitions

This report covers the USCIS’ resumption of Premium Processing for H-1B petitions which can help employers that have foreign workers with urgent international travel or work authorization needs.

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Flash Alert 2017-146

U.S. Citizenship and Immigration Services (“USCIS”) has announced that Premium Processing is once again available for all H-1B petitions as of Tuesday, October 3, 2017.1

Previously, USCIS had suspended Premium Processing for all H-1B petitions as of April 3, 2017.2  Premium Processing provides expedited processing for petitions within 15 days for an additional fee.

WHY THIS MATTERS

For employers with qualifying employees where it may be appropriate to premium process an H-1B petition (i.e., urgent international travel, to avoid lapses in work authorization, etc.), this means that all H-1B petitions either filed on and after October 3 or now pending with USCIS can utilize Premium Processing service by means of filing a Form I-907 and paying the filing fee of $1,225. 

Petitioners or Beneficiaries are eligible to pay for this expedited service.  Beneficiaries who have upcoming foreign travel, and who will require a new visa stamp prior to re-entry to the U.S. may be good candidates for this service.

Premium Processing: Further Considerations

Premium Processing may still result in a Request for Additional Evidence (“RFE”).  However, the petition should be approved, denied, or a RFE will be issued within the 15-day Premium Processing period.  If an RFE is issued, the final adjudication will occur within 15 days of receipt of the RFE response by USCIS.  If USCIS misses the deadlines, the Premium Processing filing fee will be refunded.  

KPMG NOTE

USCIS had suspended Premium Processing Service on April 3, 2017, to work on the regular processing backlog.

Over the summer, KPMG Law LLP has seen faster processing times for H-1B petitions submitted under regular processing.  Slowly, USCIS has resumed Premium Processing for various types of H-1B petitions, with the most recent announcement indicating that all types of H-1B petitions are now eligible for Premium Processing service, effective immediately.

FOOTNOTES

1  See the October 3, 2017 USCIS press release.

2  For prior coverage, see GMS Flash Alert 2017-043, March 6, 2017.

Please note that KPMG LLP (U.S.) does not provide any immigration services.  However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.   

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

© 2017 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

Flash Alert is an Global Mobility Services publication of KPMG LLPs Washington National Tax practice. The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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