By: Gladys Gervacio and Armando Escobedo
summary
US Citizenship and Immigration Services (USCIS) will start accepting Requests for Premium Processing in phases for Form I-129, Petitions for a Nonimmigrant Worker and Form I-140, Immigrant Petitions for Alien Workers.
what to expect
Form I-140: Beginning June 1, 2020, USCIS will accept requests for premium processing for all eligible employment-based green card (I-140) petitions.
Form I-129: USCIS will accept premium processing requests for the following:
- Beginning June 8, 2020:
- H-1B petitions filed before June 8, 2020 that are cap-exempt and pending a decision
- All other Form I-129 petitions (non-H-1B) eligible for premium processing that were filed before June 8, 2020 and are pending a decision
- Beginning June 15, 2020:
- Cap-exempt H-1B petitions, if one of the following conditions is met:
- The employer is cap-exempt, or the beneficiary will be assigned to work at a qualifying cap-exempt entity (such as an institution of higher education, a nonprofit research organization, or a governmental research organization)
- The beneficiary is cap-exempt based on a Conrad/IGA waiver for J-1 visas
- Cap-exempt H-1B petitions, if one of the following conditions is met:
- Beginning June 22, 2020:
- All H-1B cap petitions including those for fiscal year (FY) 2021
- All other Form I-129 petitions that are eligible for premium processing
Please note: USCIS may change any of the above dates for resuming premium processing.
Some petitioners received a refund because they requested but did not receive premium processing for Form I-129 or I-140 petitions before the service was suspended on March 20, 2020. If consistent with the timeline above, these petitioners may refile their Form I-907 request for premium processing.
We will continue to monitor premium processing updates.
Conclusion
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