Today, U.S. Citizenship and Immigration Services (USCIS) announced that it will resume premium processing for select employment-based nonimmigrant and immigrant petitions in phases over the next month.
USCIS processes nonimmigrant and immigrant petitions filed with premium processing within 10 to 15 days for an additional fee of $1,440.
On June 1, 2020, USCIS will accept Form I-907, Request for Premium Processing Service, for all eligible Form I-140, Immigrant Petition for Alien Worker filings. This includes all I-140 petitions previously eligible for premium processing before the suspension, including I-140 petitions for professionals and skilled workers, outstanding researchers and professors, and individuals with extraordinary ability. Eligible I-140 petitions may be processed with premium processing by interfiling the Form I-907, Request for Premium Processing Service for a pending I-140 petition, or by filing the I-140 petition concurrently with Form I-907, along with the $1,440 fee.
On June 8, 2020, USCIS will accept premium processing requests for the following Form I-129, Petition for a Nonimmigrant Worker filings:
- Cap-exempt H-1B petitions filed before June 8, 2020, that are pending adjudication. This category includes H-1B extension of status and change of employer (transfer) petitions, as well as petitions filed by cap-exempt employers, including institutions of higher education, nonprofit research organizations, and governmental research organizations.
- All other nonimmigrant petitions (including TN, L-1, and O-1 petitions), filed before June 8, 2020, using Form I-129, Petition for a Nonimmigrant Worker, that are pending adjudication. Please note that the nonimmigrant classification requested must be eligible for premium processing in order to successfully make an interfile request for premium processing service.
On June 15, 2020, USCIS plans on resuming premium processing for H-1B petitions filed by cap-exempt employers, such as an institution of higher education, a nonprofit research organization or a governmental research organization, and H-1B petitions filed on behalf of a beneficiary based on a Conrad or IGA waiver. Eligible petitions filed after June 8, 2020, may be processed with premium processing by interfiling the Form I-907, Request for Premium Processing Service, or by filing the Form I-129 concurrently with Form I-907, along with the $1,440 fee.
On June 22, 2020, 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). Eligible petitions may be processed under premium processing by interfiling the Form I-907, Request for Premium Processing Service, or by filing the Form I-129 concurrently with Form I-907, and the $1,440 fee.
- All other H-1B cap-exempt petitions, including H-1B petitions requesting an extension of status or change of employer (transfer), and all other Form I-129 petitions for nonimmigrant classifications eligible for premium processing (including L-1, TN, and O-1 petitions). To request premium processing, employers can file their Form I-129 nonimmigrant petition along with a Form I-907 Request for Premium Processing Service, and the $1,440 fee.
USCIS announced that these dates are subject to change as the agency continues to receive more premium processing requests and will make announcements regarding any changes accordingly.
If you would like to request premium processing for an eligible Form I-140 or Form I-129 petition, please contact your immigration attorney at Ryan Swanson & Cleveland for assistance.
Cody Nunn can be reached at [email protected].
Amy Royalty can be reached at [email protected]
Marsha Mavunkel can be reached at [email protected].
Janet Cheetham can be reached at [email protected].
Joel Paget can be reached at [email protected].
Jen Chen can be reached at [email protected].
This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington.
