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USCIS Announces Return of Premium Processing

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After more than two months, USCIS will begin resuming premium processing for certain petitions. According to an announcement made on May 29, 2020, it will be done in phases during the month of June. USCIS will resume accepting Form I-907, Request for Premium Processing Service, on the following dates as included in the agency’s newly-issued guidance:

Starting June 1: USCIS will first begin accepting requests for premium processing for all eligible Form I-140 petitions.

Starting June 8:

  • H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt.

  • All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication.

Starting June 15:

  • H-1B petitions requesting premium processing by filing an I-907 concurrently with their I-129 (or request for a petition 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).

Starting June 22: All other Form I-129 petitions, which include:

  • 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.

For I-129 and I-140 petitions filed using premium processing prior to the March 20, 2020 suspension due to COVID-19 that did not receive action (and were refunded), petitioners may refile according to the timeline issued above. USCIS does note that the dates are subject to change and that any amendments to the timeline will be announced.

For those who require assistance with a petition that needs to be filed – or refiled – using premium processing, please contact Serotte Reich.

USCIS suspends Premium Processing until further notice

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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.