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.
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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.
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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.
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