USCIS has clarified the availability and implementation of premium processing for H-1B petitions filed under the FY 2020 H-1B cap. For the H-1B FY 2020 cap season, USCIS is offering a two-phased approach for premium processing. Starting April 1, H-1B petitioners requesting a change of status and extension of stay on their Form I-129 petition may request premium processing by concurrently filing a Form I-907 Request for Premium Processing. USCIS indicates it will delay the start of the 15-day premium processing period for these cases at least until May 20, 2019 in effect allowing time for USCIS to administer the FY 2020 H-1B lottery before the premium processing clock begins to run.

FY 2020 H-1B petitioners seeking premium processing, but not requesting a change of status, must wait at least until June 2019, when USCIS indicates it will make an announcement authorizing availability of premium processing and, at that time, may file a Form I-907. In effect, USCIS is staggering the availability of premium processing for H-1B FY 2020 cap cases, with priority to change of status cases.