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COVID-19 Update: USCIS to Assume Premium Processing for Certain Category of Petitions

According to the USCIS announcement dated May 29, 2020, USCIS will resume premium processing for Form I-129 and Form I-140 petitions in phases over the next month.

Previously on March 20, 2020, the USCIS announced the temporary suspension of premium processing for all Form I-129 and I-140 petitions due to the coronavirus (COVID-19).  Petitioners who had already filed Form I-129 or Form I-140 using the premium processing service before the March 20 suspension, but received no action and a refund, may refile their Form I-907 consistent with the timeline below barring any changes USCIS may announce in the future.

The timeline for premium processing resumption is stated below:

I. Effective June 1, 2020, USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions.

II.Effective June 8, 2020, USCIS will accept premium processing requests for: 

  1. H-1B petitions filed before June 8, 2020, that are pending adjudication and are cap-exempt. By cap exempt, USCIS means, the petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted towards the numerical allocations. All other Form I-129 petitions (NonH-1B petitions) for nonimmigrant classifications eligible for premium processing filed before June 8, 2020, that are pending adjudication.

III. Effective June 15, 2020, USCIS plans on resuming premium processing for: 

  1. 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).

IV.  Effective June 22, 2020, USCIS plans on resuming premium processing for all other Form I-129 petitions, including: 

  1. 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.
  2. 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 note all dates are subject to change and USCIS will announce any changes to the above dates accordingly.

Please refer to our latest article on COVID-19. We will regularly update the blog section on our website as soon as any new information is available.

Latest Article on COVID-19:

  1. http://www.ahluwalialaw.com/covid-19-update-presidential-proclamation-suspending-entry-of-a-specific-group-of-immigrants-and-a-warning-for-non-immigrants/ (Date of Publication: April 24, 2020)


This article aims to provide new information concerning recent USCIS announcement and its effect on the Aliens. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).

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