Quick Takeaways:
- Phased roll-out will begin June 1, full return expected by June 22 when all H-1B Petitions, including Fiscal Year 2021 H-1B Cap Petitions, will resume Premium Processing.
- Dates subject to change at USCIS’ discretion.
USCIS has announced that beginning Monday, June 1, it will begin accepting requests for Premium Processing – which, when available, guarantee a decision within 15 calendar days of receipt for an extra fee of $1,440.00. USCIS’ resumption of Premium Processing will take the following form:
- Starting June 1, 2020, it will be available for all eligible I-140 Petitions.
- Note – Premium Processing is not available for I-140 Petitions for Intracompany Managers/Executives (EB-1C) or National Interest Waiver filings.
- Starting June 8, 2020, it will be available for cap-exempt H-1B Petitions filed before June 8, and all other eligible, non-H-1B I-129 Petitions filed before June 8.
- Note – cap-exempt H-1B Petitions include statutorily exempt employers and Petitions filed on behalf of employees who have already been counted against the H-1B Cap (e.g. – H-1B Extensions, H-1B Portability Petitions).
- Note – Premium Processing is never available for E-3 Petitions.
- Starting June 15, 2020, it will be available when filed concurrently (or vis-à-vis a Petition submitted on or after June 8) with an H-1B Petition filed by a statutorily exempt employer or for a beneficiary exempted based on the Conrad 30 Program or an Interested Government Agency.
- Note – statutorily exempt employers include but are not limited to universities, teaching hospitals affiliated with universities, and nonprofit or governmental research organizations.
- Starting June 22, 2020, it will be available for all H-1B Petitions – including those that are subject to the Fiscal Year 2021 H-1B Cap – and other non-H-1B Petitions filed on or after June 8, 2020.
- Note – USCIS will accept Premium Processing requests filed concurrently with new cases and requests for upgrades to pending, eligible Petitions.
If you have any questions regarding if and/or when your new or pending Petition will be eligible for Premium Processing, please do not hesitate to contact our office.
