In an unexpected decision sure to cause frustration (trust us, there's already been a few choice words said here in our office), US Citizenship & Immigration Services (USCIS) announced today that effective May 26, 2015 (less than one week away, which makes planning for this rather difficult), USCIS will temporarily suspend premium processing for all H-1B extension of stay petitions until July 27, 2015. During this time period, USCIS premium processing will not accept Form I-907 Request for Premium Processing Service, filed with H-1B extension of stay petitions, but USCIS says that they will continue to premium process H-1B extension of stay petitions filed with Form I-907 premium requests prior to May 26, 2015. It is unclear at this time whether the premium processing suspension will include change of employer petitions (since most of those include extensions of stay requests).

USCIS will refund the premium processing fee if petitioners filed the H-1B petitions prior to May 26, 2015, using the premium processing service, and, per their usual guarantee, USCIS did not act on the case within the fifteen-calendar-day period. Meanwhile, premium processing remains available for all other Form I-129 H-1B petitions, including H-1B cap-subject petitions, even though the beginning validity date for these cap-subject petitions cannot be earlier than October 1, 2015.

This temporary suspension is not usually an issue because once the H-1B extension petition is filed, the foreign national may remain in the US and continue working for their employer for up to 240 days past the expiration of their current status. For example, if an extension has been filed for the foreign national whose H-1B status is expiring on September 1, that individual can continue to work from now until April 28, 2016 (240 days from September 1). The problem arises if that foreign national in the example needs to travel internationally after September 1. Indeed premium processing can still be a valuable resource, especially in the busy summer months when international travel is at its peak, and foreign nationals wish to obtain an approval notice quickly so they can apply for a visa stamp at a US Consulate/Embassy abroad. Premium processing has been available to H-1B petitions since 2001, and the abrupt decision to suspend premium processing for these types of H-1B petitions is surprising and could put some US employers and foreign nationals in a bind.

USCIS claims that this temporary premium processing suspension is necessary so they can implement and adjudicate employment authorization applications for certain H-4 spouses, who can begin filing their applications on May 26, 2015. USCIS announced they were extending employment authorization to certain H-4 spouses back in February of this year, and it was hoped that USCIS would have used the intervening three months to determine its staffing needs in preparation for the volume of applications it will receive on May 26. It is unfortunate that USCIS is not more prepared and disappointing that foreign nationals who have relied on the availability of premium processing to make their summer international travel plans will now suffer the consequences of USCIS's lack of planning.

UPDATE (July 13, 2015): USCIS announced that effective July 13, 2015, they will resume accepting Form I-907, Request for Premium Processing Service, for all Form I-129 H-1B extension of stay petitions. While as we reported USCIS originally planned to resume premium processing for H-1B extension petitions later this month on July 27, after they "closely monitored" their workloads in regards to implementing and adjudicating employment authorization applications for certain H-4 dependent spouses—which, of course, was the reason for the premium processing suspension—USCIS determined (we're pleased to report) that they can resume premium processing earlier than expected on July 13.

US Citizenship & Immigration Services (USCIS) Director León Rodríguez announced today that as part of President Obama's executive actions back in November 2014, the Department of Homeland Security (DHS) is extending employment eligibility to H-4 visa holders of H-1B spouses who are seeking employment-based permanent resident status. Applications will start being accepted on May 26, 2015.

This action is "one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs." Director Rodríguez said that granting employment to these spouses will not only provide "more economic stability and better quality of life" to the families but also that it will help "U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents."

To qualify, individuals must be H-4 dependent spouses of H-1B nonimmigrants who:

Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

Eligible applicants must submit a Form I-765, Application for Employment Authorization along with supporting evidence and the required $380 fee to USCIS, beginning on May 26, 2015. H-4 applicants can begin work in the US upon approval of the application and receipt of the work card.

As many as 179,600 individuals this year could be eligible for employment authorization under this new eligibility rule, USCIS estimates, and DHS expects that "this change will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status, and facilitate their integration into American society."

This announcement comes amid court challenges to President Obama's expansion of DACA as well as the possible impending shutdown of the Department of Homeland Security (the mother agency of USCIS).