Client Alerts

USCIS to Resume Premium Processing for H-1B Specialty Occupation and I-140 Immigrant Visa Petitions

By: David W. Leopold

About: Immigration

May 29, 2020 – U.S. Citizenship and Immigration Services (USCIS) announced today that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases throughout the month of June.

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

Effective June 8, 2020, 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); and
• 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, 2020, USCIS plans to resume 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, 2020, USCIS plans to resume premium processing for all other Form I-129 petitions, including:

• All H-1B cap-subject petitions through fiscal year 2021 for both premium processing upgrades and concurrently filed I-907s, including change of status from F-1 nonimmigrant status; and
• 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.

All dates are subject to change as USCIS continues to take on more premium processing requests. Any changes to these dates will be announced accordingly.

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). USCIS continues to process any petition with a previously accepted Form I-907, in accordance with the premium processing service criteria. 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 above, barring any changes USCIS may announce in the future.

Ulmer’s Immigration Law Group is closely monitoring developments related to the COVID-19 pandemic and is prepared to support you and your organization during these uncertain times. Please reach out to our immigration attorneys if you have any questions.

The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. Please continue to follow these updates at ulmer.com. This legal update was created by Ulmer & Berne LLP, and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney client relationship. For any questions, or for further information, please contact David W. Leopold at dleopold@ulmer.com.