USCIS to Resume Premium Processing for Form I-129 and I-140 Petitions | Chugh LLP

USCIS to Resume Premium Processing for Form I-129 and I-140 Petitions

Practice Areas

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
  • 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

Stay up-to-date with changing USCIS policy as the agency adapts to the coronavirus pandemic. Subscribe to our newsletter or request an immigration consultation via email at info@chugh.com

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