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USCIS resumes premium processing for certain petitions

By Alexa Forte, Alexander Castrodale, Kate Drabecki, and Maria Piccolomini
May 29, 2020
  • Immigration
  • Immigration Services
  • United States
  • United States Immigration
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On May 29, 2020, the US Citizenship and Immigration Service (USCIS) announced the resumption of its Premium Process service for certain non-immigrant and immigrant visa petitions during the next month. The planned schedule is as follows:

  1. Effective Monday, June 1, USCIS will resume premium processing for all eligible Form I-140, Immigrant Visa Petitions for Alien Workers.
  2. Effective June 8, USCIS will accept premium processing requests for certain Form I-129, Non-immigrant Visa Petitions, including:
    • Cap Exempt H-1B Non-immigrant Visa Petitions filed before June 8, 2020, that are currently pending with USCIS (i.e., H-1B visa petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the H-1B CAP numerical quota)
    • All other Form I-129 petitions (i.e., L-1A and L-1B, TN, and O-1 categories) for non-immigrant classifications eligible for premium processing filed before June 8, that are pending adjudication with USCIS
  3. Effective June 15, USCIS plans on resuming premium processing for: 
    • H-1B visa 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 INA section 214(l)
  4. 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 petitions (from F-1 visa status to H-1B visa status
    • All other Form I-129 petitions for non-immigrant classifications eligible for premium processing and requesting premium processing by filing an I-907 concurrently with their I-129 (i.e., any newly filed L-1A, L-1B, TN, and O-1 non-immigrant visa petition)

USCIS notes that the above-listed dates are subject to change as it continues to take on more premium processing requests and will announce any changes to these dates accordingly.

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Alexa Forte

About Alexa Forte

With more than 20 years of experience in the field of immigration law, Alexa focuses on employment-based immigration, advising domestic and international companies regarding temporary and permanent visas for their foreign national employees. She also assists employers with federal compliance issues in the contexts of corporate restructuring and government audits.

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Alexander Castrodale

About Alexander Castrodale

Alex is the Chair of the Immigration Group and focuses on employment-based immigration, including temporary and permanent visas, family-based immigration, naturalization and exclusion/deportation defense. He gained an insider's perspective of all facets of immigration law by working for the U.S. Department of Justice and traveling extensively around the world.

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Kate Drabecki

About Kate Drabecki

Kate is a member of the Immigration Group, where she provides counsel on employment-based temporary and permanent visa categories to small and medium-sized for-profit organizations and large multinational companies, as well as on family-based permanent residence applications to individual clients and exclusion/deportation defense. Kate's clients include companies in such industries as chemicals, pharmaceuticals, healthcare, financial services, engineering, information technology, and agriculture.

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Maria Piccolomini

About Maria Piccolomini

As a shareholder in the Immigration Group, Maria focuses her practice on employment-based immigration, including temporary and permanent visas and family-based permanent residence applications.

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