USCIS to Resume Premium Processing for Certain Petitions

USCIS to Resume Premium Processing for Certain Petitions

20:28 29 May in News Updates

On March 20, USCIS announced the temporary suspension of premium processing for all Form I-129 and I-140 petitions due to the coronavirus (COVID-19).

USCIS today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month as follows:

June 1st:  All eligible I-140 petitions.

June 8th:  The following petitions that were filed before June 8th and are pending with USCIS:

  • H-1B petitions that are cap-exempt, which include:
    • Petitions filed by cap-exempt petitioners; and
    • Petitions filed for beneficiaries who have previously held or currently hold H-1B status, such as change of employer petitions, extensions, etc.  Cap cases are not included.
  • All other Form I-129 petitions (non-H-1B petitions) for nonimmigrant classifications eligible for premium processing.

June 15th:   H-1B petitions requesting premium processing concurrently with or for a petition filed after June 8th and are exempt from the cap because:

  • The employer is cap-exempt or because the beneficiary will be employed at a qualifying cap-exempt institution, entity or organization (such as an institution of higher education, a nonprofit research organization or a governmental research organization); or
  • The beneficiary is cap-exempt based on a Conrad/IGA waiver under INA section 214(l).

June 22nd:  All other Form I-129 petitions, including:

  • All H-1B cap-subject petitions (including those for fiscal year 2021), including change of status from F-1, for both premium processing upgrades and concurrently filed premium processing requests.
  • All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing and requesting premium processing concurrently with their I-129.

All dates are subject to change as USCIS continues to take on more premium processing requests and USCIS will announce any changes to these dates accordingly.

Premium processing service involves an additional fee and guarantees a response from USCIS (approval, request for additional evidence, or denial) within 15 calendar days.

Please contact your LAC attorney with any questions.

 

This update was prepared by Claudia P. Martorell, Partner, Larrabee Albi Coker LLP.
Legal Disclaimer:   This e-blast is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter.  Immigration laws and policies change frequently, often without notice.  It is therefore important to seek direct legal counsel based upon individual circumstances.

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