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On April 22, 2019, the Department of State published a final rule setting out procedures that allow consular officers to discontinue granting visas to nationals of a country subject to sanctions under § 243(d) of the Immigration and Nationality Act.

Section 243(d) provides that—when notified by the Secretary of Homeland Security that a foreign country government has denied or unreasonably delayed accepting an alien who is the citizen, subject, national, or resident of that country and is subject to a final order of removal from the United States— the Secretary of State shall order consular officers in that foreign country to “discontinue granting” immigrant visas, nonimmigrant visas, or both to citizens, subjects, nationals, or residents in that country. The Secretary of State imposes these visa sanctions by issuing an order to consular officers that describes the category or categories of visas and applicants subject to discontinuation of visa grants.


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On January 25, 2019, US Citizenship and Immigration Services (USCIS) announced that the agency would reinstate premium processing for H-1B petitions filed last April under the FY 2019 annual quota (the “cap”), including those eligible for the advanced degree exemption (i.e., holders of US master’s degrees or higher). This reinstatement of premium processing is only available for pending petitions and will not apply to new submissions, as the FY 2019 cap quota has already been met.

The premium processing service permits employers to pay an additional fee of $1,410 to have an immigration benefit adjudicated within 15 days, and USCIS will return the additional fee to the employer if the benefit application is not timely adjudicated.
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For the second year in a row, US Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend premium processing for the upcoming fiscal year’s H-1B petitions, for which filings may be accepted as of April 2, 2018:

Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. We will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher.

USCIS’s premium processing service guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service, or USCIS will refund the Premium Processing Service fee. If the fee is refunded, the relating case will continue to receive expedited processing.
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