14180 Dallas Parkway, Suite 720
972-361-0606

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)

Disclaimer

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).

Leave a comment

Ahluwalia Law Offices Logo

WE ARE OPEN!

For your safety and that of our Team, we are currently offering only phone consultations. Your deadlines remain our priority and will be met. Kindly keep up with our blogs for the latest on the impact of COVID-19 and if it impacts you.
Stay safe!

Phone: (972) 361-0606
Fax: (972) 361-0999
Email: frontdesk@ahluwalialaw.com