USCIS has called for the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions, effective March 20, 2020. Due to the COVID-19 pandemic, no new requests for premium processing will be accepted for Form I-129 or Form I-140. This guidance will apply to all petitions requesting premium processing service that were mailed before March 20 but had not yet been accepted.

Petitions filed for the following categories will be affected:

• Form I-129, Petition for a Nonimmigrant Worker: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.

• Form I-140, Immigrant Petition for Alien Workers: EB-1, EB-2 and EB-3.

The announcement from USCIS notes, “This includes new premium processing requests for all H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, petitions from previous fiscal years, and all H-1B petitions that are exempt from the cap.”

USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria.

However, petitioners who have already filed a Form I-129 or Form I-140 using the premium processing service and who receive no agency action on their case within the 15-calendar-day period will receive a refund for the $1,410 premium processing fee.

For additional information, please visit the USCIS.gov website. If you have, or were planning to file, a I-129 or I-140 petition that will be impacted by this announcement, please reach out to Serotte Reich for advice or assistance: 716-854-7525 or www.srwborderlawyers.com/contact.