by Chris Musillo

USCIS has resumed Premium Processing Service (PPS) for H-1B cap-subject petitions. Presently, H-1B cap-subject petitions, H-1Bs for cap-exempt employers (e.g. research entities and universities), and H-1Bs for doctors are the only H-1B petitions that may use PPS. H-1B transfers, amendments, and extensions currently are prohibited from PPS.

USCIS’ press release said that it “plans to resume premium processing for all other remaining H‑1B petitions (i.e. H-1B transfers, amendments, and extensions) not subject to the FY 2018 cap, as agency workloads permit.” The press release did not commit to a time frame for the resumption of PPS for these types of H-1B petitions. However, in a June 2017 AILA Q & A, USCIS HQ indicated that it “anticipates” resuming H-1B PPS processing on or before October 4. This comment did not delineate between H-1B cap petitions and other types of H-1B petitions, such as transfers, amendments, and extensions.

The USCIS may have decided to prioritize H-1B cap-subject petitions in order to allow some F-1/OPT students to continue to work without work authorization beyond October 1. Certain F-1/OPT students’ will lose work authorizing on October 1 if their H-1B cap-subject petition is not approved before October 1. Please check with your MU attorney or staff member if you have questions.

Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.