In a News Alert dated May 29, US Citizenship and Immigration Services [USCIS] has announced that premium processing for Form I-140 and Form I-129 will be resumed in phases over the month of June.
While Form I-140 is the Immigrant Petition for Alien Workers, Form I-129 is the Petition for a Nonimmigrant Worker.
|From June 1, 2020
USCIS will be accepting Form I-907, Request for Premium Processing Service for all Form I-140 petitions that are found to be eligible for the same.
|From June 8, 2020: USCIS will accept a request for premium processing for –
H-1B petitions that had been filed before June 8, pending adjudication and cap-exempt.
This includes petitions that had been filed by cap-exempt petitioners and petitions filed for beneficiaries that had been previously counted towards the numerical allocation.
All of the other petitions, Form I-129 [non-H-1B] for nonimmigrant classifications, premium processing eligible, filed prior to June 8 and with pending adjudication.
|From June 15: USCIS plans resumption of premium processing for –
H-1B petitions that have put in a request for premium processing by filing I-907 along with their I-129 [or request for a petition that is either filed on or after June 8], and are exempt from the cap due to –
• The employer being cap-exempt or the beneficiary to be employed at a qualifying cap-exempt organization, entity, or institution, OR
• The beneficiary being cap-exempt based on a waiver under Section 214(1) of the Immigration and Nationality Act.
|From June 22: USCIS is planning on resuming premium processing for all other Form I-129 petitions, which include –
All H-1B cap-subject petitions, including those that have been filed for Fiscal Year 2021. This is inclusive of change of status from F-1 nonimmigrant status, for both the concurrently filed I-907s as well as premium processing upgrades.
All other Form I-129 petitions for nonimmigrant classifications that are eligible for premium processing and have requested premium processing by the filing of an I-907 at the same time as their I-129.
The dates mentioned above are as per the USCIS News Alert dated May 29, 2020. These are, however, subject to change as per the USCIS as more premium processing requests are taken in.
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