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.