In a move that will improve the time for obtaining application approvals, the U.S. Citizenship and Immigration Service (USCIS) announced today it plans on resuming premium processing for Form I-129 (non-immigrant worker) and Form I-140 (immigrant worker) petitions in phases throughout June.

On June 1, 2020, it will accept Premium Processing requests for all eligible Form I-140 petitions.

Beginning June 8, it will accept these requests for:

• Pending H-1B petitions filed before June 8 that are cap-exempt (cap-exempt petitioners, extensions of status, etc.); and
• All other non-H-1B Form I-129 petitions for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication (L-1s, O-1s, etc.)
  
  

Effective June 15, the USCIS will resume premium processing for:

• H-1B petitions requesting premium processing by filing an I-907 concurrently with their I-129 (or requesting it for applications 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 INA section 214(l).
    
    

On June 22, it will accept Premium Processing requests for all other Form I-129 petitions, including:

• All H-1B cap-subject petitions (for example those filed for the 2021 fiscal year) including change of status from F-1 nonimmigrant status, for both premium processing upgrades and concurrently filed requests; and
• All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing and requesting premium processing by filing an I-907 Request for Premium Processing concurrently with their I-129.
  
  

The USCIS stressed that the dates are subject to change and will announce any alterations to this schedule.

The USCIS announced on March 20 it would temporarily suspend Premium Processing due to the coronavirus pandemic (COVID-19).

For more information about these and other immigration issues, please contact the author of this alert, James G. Aldrich, Jr., at jaldrich@dykema.com or 248-203-0583.

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