USCIS announced it will resume premium processing for certain cap-exempt H-1B petitions effective July 24, 2017.

Employers may file or request to upgrade pending petitions with premium processing for those exempt from the cap. Eligible employers include:

  • Institutions of higher education;
  • Nonprofits related to or affiliated with an institution of higher education; or
  • Nonprofit research or governmental research organizations.

USCIS previously reinstated premium processing for select foreign physicians under the Conrad 30 Waiver program and for interested government agency waivers.

Premium processing remains temporarily suspended for all other H-1B petition types. The suspension has been in effect since April 3, 2017, and is expected to last up to six months, permitting USCIS to improve processing times for pending H-1B petitions. However, USCIS has recently indicated that it intends to resume premium processing in phases by petition types, which will be announced as available.