United States

USCIS to resume premium processing for some petitions next month

29 May 20

UNITED STATES

U.S. Citizenship and Immigration Services (USCIS) announced Friday that it will resume premium processing in phases beginning June 1 for Form I-129 Nonimmigrant Worker and Form I-140 Immigrant Worker petitions.

Key Points:

  • Beginning June 1, USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions.
  • Beginning June 8, USCIS will accept premium processing requests for:
    • Cap-exempt H-1B petitions that were filed before June 8 and are pending adjudication; and
    • All other Form I-129 petitions (i.e., non-H-1B petitions) that are eligible for premium processing, were filed before June 8 and are pending adjudication.
  • On June 15, USCIS plans on resuming the service 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 cap-exempt because (1) the employer is cap-exempt because the beneficiary will work at a cap-exempt institution, entity or organization or (2) the employee is cap-exempt on the basis of a Conrad/IGA waiver under section 214(l) of the Immigration and Nationality Act.
  • One June 22, USCIS plans on resuming premium processing for all other Form I-129 petitions. This includes (1) cap-subject H-1B petitions, including change of status from F-1 nonimmigrant status, for both premium processing upgrades and concurrently filed I-907s and (2) all other Form I-129 petitions for nonimmigrant classifications that are eligible for premium processing and are requesting premium processing by filing an I-907 concurrently with their I-129.

Additional information: USCIS suspended premium processing March 20 for all Form I-129 Nonimmigrant Worker and Form I-140 Immigrant Worker petitions because of the COVID-19 pandemic. In its announcement Friday, the agency stressed that dates are subject to change and that it would announce such changes if they are made.

BAL Analysis: Employers are encouraged to work with BAL to identify cases that qualify for premium processing as USCIC reintroduces the service in phases next month.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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