Alerts and Updates

USCIS Premium Processing Returns for Nonimmigrant and Worker Visa Petitions

June 1, 2020

USCIS had suspended premium processing on March 20, 2020, in response to the COVID-19 pandemic.

On May 29, 2020, USCIS announced that it will resume premium processing for Form I-129 petitions for nonimmigrant workers and Form I-140 immigrant visa petitions in phases over the next month. USCIS had suspended premium processing on March 20, 2020, partially in response to the COVID-19 pandemic. 

Effective June 1, 2020, USCIS will accept Form I-907 premium processing requests for all eligible Form I-140 petitions.

Effective June 8, 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). 
  • 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, USCIS plans on resuming 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 Immigration and Nationality Act section 214(l).

Effective June 22, 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), 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.

About Duane Morris

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

For More Information

If you have any questions about this Alert, please contact any of the attorneys in the Immigration Law Group, any member of the COVID-19 Strategy Team or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.