A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

Contact: 732-632-9888, http://www.1visa1.com/

Saturday, May 30, 2020

The Return of Premium Processing Services

Good news -- Premium Processing services will return for Forms I-129 and I-140 in increments over the next month. The premium processing service for Form I-140 Immigration Petition for Alien Workers will return first on June 1st, 2020. However, this does not include EB-1C multinational manager petitions and EB-2 national interest waiver petitions.

On June 8th, USCIS will accept requests to upgrade, through Form I-907, cap-counted H-1B petitions to premium processing services, provided the pending petition was filed before June 8th. These include change or extension of status petitions, change of employer petitions and "recapture" of previously-approved H-1B status.  All other non-H1B petitions that are eligible for premium processing can also upgrade if filed before June 8th, 2020.

On June 15th, H-1B petitioners that are cap-exempt (e.g., government research organization) or because employment will be at a qualifying institution or because a J visa Conrad waiver has been granted can be filed concurrently with form I-907.

The rest of the I-129 petition categories will resume premium processing on June 22nd. This includes filing to upgrade pending cap-subject (H-1B visa lottery) petitions, such as those filed for FY2021. Concurrent I-907 and I-129 filing will also return on this date for all other eligible I-129 non-immigrant visa petitions such as L-1A and L-1B petitions.

A note for those that filed using premium processing before it was suspended on March 20th: if your petition was not processed and you received a refund, you can refile according to the instructions above.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

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