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USCIS resumes premium processing of certain cap-exempt H-1B petitions

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The H-1B premium processing of higher education institutions, non-profits and governmental research organization resumes.

The U.S. Citizenship and Immigration Services (USCIS) on Monday announced that it will resume premium processing for certain cap-exempt H-1B petitions with immediate effect.

According to a press release from the agency, the premium processing of petitions that that are exempt from the H-1B cap – petition of an institution of higher education, a non-profit related to or affiliated with an institution of higher education, or a non-profit research or governmental research organization, will commence from Monday.

The USCIS had announced a temporary suspension of premium processing of all H-1B petitions on April 3, 2017. After the announcement came, petitioners were not able to file Form I-907, Request for Premium Processing Service for a Form I-129, or Petition for a Nonimmigrant Worker.

Earlier last month, the USCIS had resumed the premium processing of H-1B visas for medical doctors under the Conrad 30 Waiver program.

According to the latest announcement, the premium processing will also resume for petitions that may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity.

The agency also said that the premium processing of H-1B petitions will resume as the workloads permit and confirmed that it will come up with further updates when it starts accepting premium processing for other categories. Until then, premium processing remains temporarily suspended for all other H-1B petitions.

The USCIS has made it clear that it will reject any Form I-907 filed for those petitions, and if the petitioner submitted one check combining the Form I-907 and Form I-129 fees, it will have to reject both forms.

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