USCIS To Delay H-1B Extension For Implementing Employment Authorization For H4 Spouses

20 May 2015

The United States Citizenship & Immigration Services has announced that the premium processing for H-1B visa petitions will be temporarily suspended between 26 May 2015 and 27 July 2015.

Applicants cannot file the Form I-907, application for Premium Processing Service, for Form I-129, application for nonimmigrant employee, requesting for an extension of stay on H-1B petitions, during this period.

USCIS will use this temporary suspension period to implement Employment Authorization for eligible H4 dependent spouses and make sure that work permit applications of H4 dependents will be adjudicated in a timely manner under the new rules. 

Apparently, USCIS continues to process H-1B visa extension petitions with Form I-907 before 26 May 2015.  Premium processing accelerates processing of applications or petitions for H-1B visa. In the premium processing of H1B extension, a decision must be granted within a period of 15-calender days. So, if the H-1B visa extension is filed before 26 May 2015, but USCIS did not give its decision within 15-calendar days, then it will refund the premium processing fee.

On the other hand, premium processing continues for all other Form I-129 H-1B visa petitions, subsuming petitions related to H-1B cap, which are requesting for an alter of consular notification or nonimmigrant status.

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