USCIS resumes Premium Processing in Phases

//USCIS resumes Premium Processing in Phases

On Friday, May 29, 2020, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it will resume premium processing in phases for the following two forms:

  •  Form I-129, Petition for a Nonimmigrant Worker: Effective in Phases as detailed below, and,
  • Form I-140, Immigrant Petition for Alien Workers: Effective June 1, 2020

On March 20, USCIS announced the temporary suspension of premium processing for all Form I-129 and I-140 petitions due to the coronavirus (COVID-19).

For H-1B Petitions, this is the phase-in dates, which USCIS indicated that these dates may change and that it will announce any updates accordingly.

Effective June 8, USCIS will accept premium processing requests for: 

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

Effective June 15, USCIS plans on resuming premium processing for: 

  • 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).

Effective June 22, USCIS plans on resuming 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.

Please contact SPS Immigration should you have questions.

By | 2020-05-29T15:11:34+00:00 May 29th, 2020|Categories: Uncategorized|Comments Off on USCIS resumes Premium Processing in Phases

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