Pending premium processing requests filed before March 20 suspension may be refiled.
Prospective H-1B visa and green card seekers caught in a limbo due to covid lockdown have something to cheer with theÂ United States Citizenship and Immigration ServicesÂ (USCIS) resuming premium processing starting June 1.
Employers will be able to begin submitting premium processing requests for eligible I-129 petitions for temporary foreign workers and I-140 petitions for permanent residence in phases over the next month, the immigration agency announced Friday.
USCISÂ hadÂ announcedÂ the temporary suspension of premium processing for all Form I-129 and I-140 petitions from March 20 due toÂ covid-19.
FromÂ June 1, USCIS will acceptÂ Form I-907, Request for Premium Processing ServiceÂ forÂ allÂ eligibleÂ Form I-140 petitions.
From June 8,Â USCIS will acceptÂ premium processing requestsÂ for H-1B petitionsÂ filedÂ beforeÂ June 8 thatÂ are pending adjudicationÂ and are cap-exempt.
These includeÂ petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the numerical allocations.
All other Form I-129 petitionsÂ (non H-1B petitions)Â for nonimmigrant classificationsÂ eligible for premium processingÂ filedÂ before June 8Â that are pending adjudication too will be accepted from June 8.
FromÂ June 15,Â USCIS plans on resuming premium processing for H-1B petitionsÂ requesting premium processingÂ byÂ filing an I-907Â concurrently with their I-129Â (or request for a petition filed on or after June 8)Â and areÂ exempt from the cap.
This includes cases where the employer is cap-exemptâ€¯or because the beneficiaryÂ 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).
Other cases include where the beneficiary is cap-exempt based on a Conrad/IGA waiver allowing J-1 foreign medical graduates (FMGs) to apply for a waiver of the 2-year foreign residence requirement upon completion of the J-1 exchange visitor program under section 214(l) of the Immigration Nationality Act (INA).
RELATED: Premium processing suspended for H-1B cap subject petitions (March 16, 2020)
FromÂ June 22, USCIS plans on resuming premium processingÂ forÂ all other Form I-129 petitions,
These include allÂ H-1B cap-subject petitionsÂ (includingÂ those forÂ fiscal year 2021), including change of status from F-1 nonimmigrant status, for bothÂ premium processingÂ upgrades and concurrently filed I-907s.
All other Form I-129 petitionsÂ for nonimmigrant classificationsÂ eligible for premium processingÂ and requesting premium processingÂ byÂ filing an I-907 concurrently with their I-129.
AllÂ dates are subject to change as USCIS continues to take on more premium processing requests and USCIS will announce any changes to theseÂ datesÂ accordingly, the agency said.
USCIS said it continuesÂ to process any petition with a previously accepted Form I-907, in accordance with the premium processing service criteria.
However, petitioners who had already filed Form I-129 or Form I-140 using the premium processing serviceÂ beforeÂ the March 20 suspension,Â but received no action and a refund, may refile their Form I-907, it said.