USCIS Resumes Premium Processing Service

Clark Hill PLC
Contact

USCIS announced that it will resume premium processing service for eligible I-129 and I-140 visa petitions during June 2020. Premium processing service had been temporarily suspended due to the COVID-19 pandemic.

The resumption of premium processing service is scheduled to occur on a week-to-week basis as follows:

June 1

USCIS will begin accepting Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions. (See chart below.)

June 8

H-1B petitions filed before June 8, 2020 that are pending adjudication and are cap-exempt (for example, petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the numerical allocations).

All other Form I-129 petitions (non H-1B petitions) for nonimmigrant classifications eligible for premium processing filed before June 8, 2020 that are pending adjudication. (See chart below.)

June 15

H-1B petitions requesting premium processing service by filing an I-907 concurrently with their I-129 (or request for a petition filed on or after June 8, 2020) 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 a cap-exempt physician based on a Conrad or other Interested Government Agency waiver.

June 22

All H-1B cap-subject petitions (including those for fiscal year 2021), including change of status from F-1 nonimmigrant status, for both premium processing upgrades and concurrently filed I-907s.

All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing and requesting premium processing by filing an I-907 concurrently with their I-129.

All of the above dates are subject to change as USCIS continues to accept more requests for premium processing service. USCIS will announce any changes to these dates accordingly.

Premium Processing Service – Eligible I-140 Petitions

Designated Classification Within Form I-140 Corresponding Employment-Based (EB) Immigrant Visa Classification Availability Date
Aliens of extraordinary ability EB-1 Nov. 13, 2006 and reinstated June 29, 2009
Outstanding professors and researchers EB-1 Sept. 25, 2006 and reinstated June 29, 2009
Multinational executives and managers EB-1 Not Yet Available
Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver EB-2 Sept. 25, 2006 and reinstated June 29, 2009
Members of professions with advanced degrees or exceptional ability seeking a National Interest Waiver EB-2 Not Yet Available
Skilled workers EB-3 Aug. 28, 2006 and reinstated June 29, 2009
Professionals EB-3 Aug. 28, 2006 and reinstated June 29, 2009
Workers other than skilled workers and professionals EB-3 Sept. 25, 2006 and reinstated June 29, 2009

Premium Processing Service – Eligible I-129 Petitions

Designated Classification Within Form I-129 Corresponding Nonimmigrant Classification Availability Date
Treaty Trader E-1 June 1, 2001
Treaty Investor E-2 June 1, 2001
Alien in Specialty Occupation H-1B July 30, 2001
Temporary Worker performing nonagricultural services H-2B June 1, 2001
Trainee or Special Education Exchange Visitor H-3 June 1, 2001
Intracompany Transferee, Executive or Manager Capacity L-1A June 1, 2001
Intracompany Transferee, Specialized Knowledge Professional L-1B June 1, 2001
A petitioner meeting certain requirements which seeks continuous approval of itself and some or all of its parents, branches, subsidiaries, and affiliates LZ (Blanket L-1) June 1, 2001
Alien of extraordinary ability or achievements in the sciences, arts, education, business, or athletics O-1 June 1, 2001
Alien providing essential support services for a principal O-1 alien O-2 June 1, 2001
Internationally recognized athlete or member of an internationally recognized entertainment group P-1 June 1, 2001
Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-1 alien P-1S June 1, 2001
Artist or Entertainer under a Reciprocal Exchange Program P-2 June 1, 2001
Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-2 alien P-2S June 1, 2001
Artist or Entertainer in a Culturally Unique Program P-3 June 1, 2001
Essential Support Alien, highly skilled, who performs support services essential to the successful performance of the principal P-3 alien P-3S June 1, 2001
International cultural exchange alien Q-1 June 1, 2001
Alien in a Religious occupation R-1 July 30, 2001 and reinstated July 20, 2009
NAFTA professional, Canada TN-1 July 30, 2001
NAFTA professional, Mexico TN-2 July 30, 2001

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Clark Hill PLC | Attorney Advertising

Written by:

Clark Hill PLC
Contact
more
less

Clark Hill PLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.