USCIS Resumes Premium Processing
Over the next month U.S. Citizenship and Immigration Services (USCIS) will, in phases, resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers.
What is "Premium Processing"?
Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. Specifically, USCIS guarantees to either issue an approval notice, denial notice, notice of intent to deny, request for evidence or open an investigation for fraud or misrepresentation within the 15 calendar day period. If the process passes the 15 calendar days USCIS will refund the premium processing service fee.
Who is eligible?
Click HERE to find a list of the forms, designated classifications within each form type, and current availability and termination dates for premium processing service.
When will USCIS start accepting Premium Processing applications again?
After announcing the temporary suspension of premium processing for all Form I-129 and I-140 petitions due to the coronavirus (COVID-19), USCIS reopened and will continue 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. Find below the list of premium process and effective dates for each case:
USCIS Effective Date June 1, 2020
• Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions.
USCIS Effective Date June 8, 2020
• 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).
• 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.
USCIS Effective Date June 15, 2020
• 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).
USCIS Effective Date June 22, 2020
• 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.
• 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 and USCIS will announce any changes to these dates accordingly.
If you currently have a pending application with USCIS and would like to discuss whether you can "upgrade" your application to Premium Processing please contact our office. We are happy to provide free initial consultations for any immigration legal assistance.
The Law Office of Nicholas J. Mireles is an experienced Los Angeles based U.S. Immigration law firm that has been practicing immigration law since 2013. Our background makes us uniquely well suited to help you with any issue relating to your immigration status.
Law Office of Nicholas J. Mireles, APC
411 West 7th St. Ste 310 - Los Angeles, CA 90014