USCIS To Resume Premium Processing In Phases

Jackson Lewis P.C.

Premium processing will resume in stages according to USCIS. Cap-subject H-1B petitions will be included only in the last phase.

June 1, 2020: USCIS will accept requests for premium processing for all eligible Form I-140 Immigrant Visa Petitions.  EB1-C Multi-National Manager or Executive and EB2 National Interest Waiver petitions are not eligible for premium processing.

June 8, 2020: USCIS will accept upgrades to premium processing for all I-129 petitions filed before June 8, 2020 except for cap subject H-1B petitions.

June 15, 2020: USCIS will accept concurrent premium processing filings and upgrades to premium processing for cap-exempt H-1B petitions (including Conrad and Interested Government Agency Waivers) filed on or after June 8, 2020.

June 22, 2020: USCIS will resume premium processing for all other Form I-129 petitions (upgrades and concurrent filings) including all cap-subject petitions.

USCIS is attempting to gradually reintroduce premium processing. Even so, the schedule is subject to change. The $1,440 fee for each premium processed case may help USCIS with its current budget shortfall.

Premium processing was suspended on March 20, 2020 due to COVID-19. Petitioners who filed Form I-140 and Form I-129 petitions requesting premium processing before that date but received no action and a refund, may refile their Forms I-907 consistent with the above timeline, barring any changes.

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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