USCIS to Reinstate Premium Processing Service

Gibney Anthony & Flaherty, LLP
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On May 29, 2020, USCIS announced that it intends to reinstate premium processing service for eligible I-129 petitions and I-140 petitions in stages over the next few months pursuant to the following schedule:

Effective June 1, 2020

  • USCIS will accept premium processing requests for all previously eligible I-140 petitions.
  • I-140 petitions filed for Multinational Executive/Managers and I-140 petitions requesting a National Interest Wavier are not eligible for premium processing service.

Effective June 8, 2020

USCIS plans to resume offering premium processing service for:

  • H-1B petitions filed before June 8 that are pending adjudication, sponsored by cap-exempt institutions, such as institutions of higher education, nonprofit research organizations or a governmental research organizations.
  • H-1B petitions filed before June 8 that are pending adjudication,  filed for individuals who have previously been counted against the H-1B cap.
  • All other non H-1B I-129 petitions that were previously eligible for premium processing, filed before June 8 and pending adjudication. This includes I-129 petitions requesting  TN and O-1 status.

Effective June 15, 2020

USCIS plans to resume offering premium processing service for H-1B petitions requesting premium processing by filing a Form I-907 concurrently with the I-129 (or requests for petitions filed on or after June 8) 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).

Effective June 22, 2020

USCIS plans to resume to offer premium processing for 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 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.

The above dates are subject to change as USCIS evaluates its workload taking on the requests.

Background:

Premium processing service was suspended March 20, 2020 due to the coronavirus pandemic. With the resumption of premium processing pursuant to the schedule above, petitioners may interfile or concurrently file Form I-907 for eligible I-129 or I-140 petitions and pay the filing fee (currently $1,440.00) to compel agency action on the petition within fifteen 15 days.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

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.

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