USCIS Resumes Premium Processing Services for Form I-129 and Form I-140 Petitions

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On May 29, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that it will resume offering premium processing services for cases involving Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker, in phases over the month of June. This is the first update regarding premium processing services since USCIS announced immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions due to the coronavirus (COVID-19) on March 20, 2020.

Beginning on June 1, 2020, USCIS will accept Form I-907, Request for Premium Processing Service, for all Form I-140 petitions. However, Form I-129 petitions will be eligible for premium processing services in phases throughout the month of June. Specific details regarding Form I-129 petitions are as follows:

  • June 8, 2020, USCIS will accept premium processing requests for:
    • Cap-Exempt H-1B petitions filed before June 8, 2020, that are pending adjudication (i.e, petitions for cap-exempt petitioners or H-1B extension petitions); and
    • All other Form I-129 petitions (not H-1B petitions) for nonimmigrant workers filed before June 8, 2020, and eligible for premium processing (e.g., L-1 or TN Petitions).
  • June 15, 2020, USCIS plans to resume premium processing for:
    • H-1B petitions that are except from the cap because:
      • The employer is cap-exempt because the beneficiary will be employed at a qualifying cap-exempt institution, entity, or organization (i.e., an institution of higher education, a nonprofit research organization, or a governmental research organization); or
      • The beneficiary is cap-exempt based on Conrad/IGA waiver under INA section 214(l).
  • June 22, 2020, USCIS plans on resuming premium processing services for all other Form I-129 petitions, including:
    • All H-1B cap-subject petitions, including those for FY2021 and changes of status from F-1 nonimmigrant status, for both premium processing upgrades and concurrently filed Form I-907s; and
    • All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing services by filing Form I-907 concurrently with their Form I-129.

USCIS has indicated that all of these dates are subject to change as USCIS continues to take on more premium processing requests. USCIS will announce any changes to these dates accordingly.

 
 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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