USCIS to Suspend Premium Processing for H-1B Petitions Starting Jan. 12, Affecting 85,000 Workers

The Planned Suspension

U.S. Citizenship and Immigration Services will suspend premium processing for all new H-1B specialty occupation petitions starting Jan. 12, according to two USCIS officials familiar with the policy. The suspension, which will remain in place through at least March 31, applies to both cap-subject and cap-exempt petitions filed on Form I-129, the officials said. USCIS will continue to accept standard processing requests, which currently carry a $460 base filing fee, but will stop accepting the $2,500 premium processing fee on Form I-907 for H-1B cases received after the deadline.

The officials said the suspension is intended to clear a backlog of roughly 85,000 pending H-1B petitions that has accumulated since October, when a software upgrade at the Vermont and California service centers caused processing delays. One official said the agency expects to publish an interim final rule in the Federal Register on Jan. 7, with a brief public comment period closing on Jan. 30. The second official said Acting USCIS Director Kika Scott briefed senior staff on the plan during a Jan. 5 meeting at USCIS headquarters in Camp Springs, Maryland.

Both officials said the agency will continue premium processing for petitions received before Jan. 12, provided the $2,500 fee has cleared. Petitioners who submit Forms I-907 after Jan. 11 will have their checks returned, the officials said. The agency plans to issue a news release on Jan. 8 and update its website with a banner notice by Jan. 9, according to the officials.

Legal and Industry Reaction

A trade lawyer involved in the case said the suspension would immediately affect employers who rely on expedited processing for workers transferring between jobs or seeking extensions. The lawyer, who has represented technology and healthcare companies in H-1B litigation, said at least four Fortune 500 companies are preparing emergency motions for a temporary restraining order in federal court in Seattle. The lawyer said the motions could be filed as early as Jan. 14 if USCIS does not provide a carve-out for workers already in the United States.

The trade lawyer said one technology client has 340 H-1B workers whose extensions were set to be filed with premium processing between Jan. 15 and Jan. 31. Without expedited review, the lawyer said, those workers could fall out of legal status while waiting for adjudication. The lawyer said the American Immigration Lawyers Association plans to hold an emergency conference call on Jan. 7 at 11 a.m. Eastern time to coordinate a response.

A congressional aide on the Judiciary Committee said Chairman Jim Jordan's staff received a preliminary briefing from USCIS on Dec. 30 and is preparing a list of questions about the agency's legal authority to halt premium processing without congressional approval. The aide said the committee has requested documents related to the backlog and the cost of the software upgrade, which the aide said totaled approximately $14 million. The aide said a hearing is tentatively scheduled for the week of Jan. 19.

Broader Immigration Context

The suspension comes as the Trump administration prepares a broader review of employment-based immigration programs, according to the two USCIS officials. Both officials said the agency is also considering changes to the H-1B lottery registration system for fiscal year 2027, including a requirement that employers submit full petitions at the time of registration rather than the current $10 registration fee system. One official said a proposed rule on the lottery changes could be sent to the Office of Management and Budget by Feb. 15.

The officials said USCIS notified the American Immigration Lawyers Association and several business groups, including the U.S. Chamber of Commerce, about the suspension during a Dec. 28 conference call. A Chamber spokesperson declined to comment. The officials said the suspension does not apply to other visa categories that use Form I-129, such as O-1 petitions for individuals with extraordinary ability or L-1 intracompany transfers, though those categories could face similar restrictions later in the year.

One USCIS official said the agency processed approximately 419,000 H-1B petitions in fiscal year 2025, including initial petitions, extensions, and amendments. The official said premium processing was used for roughly 62 percent of those filings. The official said the suspension could reduce premium processing revenue by approximately $65 million during the first quarter of 2026.

What to Watch Next

Employers and immigration lawyers will be watching for three developments in the next 48 to 72 hours. First, the Federal Register notice expected on Jan. 7 will reveal whether USCIS intends to allow premium processing for certain categories of H-1B cases, such as extensions for workers at nonprofit research institutions. Second, the Seattle federal court could act quickly if employers file for emergency relief. Third, the House Judiciary Committee hearing will test whether Congress can pressure USCIS to shorten the suspension or provide refunds for pending premium processing requests.

The two USCIS officials said the agency plans to resume premium processing on April 1 if the backlog drops below 30,000 cases. Until then, employers seeking to hire or retain skilled foreign workers will face a choice between waiting months for standard processing or restructuring job start dates. The trade lawyer said the full economic impact could become clear by Jan. 20, when quarterly earnings reports begin to mention visa-related hiring delays.