Note: Updated to reflect the Department of Homeland Security’s notice on 9/15/2022 regarding the next phase of premium processing for petitioners who have a pending Form I-140, Immigrant Petition, under the EB-1 and EB-2 classifications.

The Department of Homeland Security (DHS) is expanding the availability of premium processing for certain pending, employment-based (EB) immigrant petitions, according to its recent alert. The changes specifically affect:

  • EB-1 multinational executives and managers; and
  • EB-2 professionals with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

This is the third phase of the previously announced plan to expand premium processing. The agency aims to increase efficiency and reduce burdens to the immigration system.Continue Reading Need a Decision Faster? DHS Expands Premium Processing for Certain Employment-Based Petitions

U.S. Citizenship and Immigration Services (USCIS) announced several new measures including expanding premium processing to additional form types, providing relief to individuals waiting for work permits and setting agency-wide backlog reduction goals. USCIS, a fee-based organization, faced an unprecedented budgetary shortfall and backlog of cases to be processed in 2020 and 2021 due to the coronavirus pandemic and resource constraints. According to data published by the agency, there are approximately 9 million forms pending adjudication.

Expanding Premium Processing

As part of the these efforts, USCIS published a final rule that expands premium processing (expedited adjudication for a fee). The final rule is expected to take effect at the end of May 2022, and USCIS will begin implementation – through a phased approach – as soon thereafter as feasible.Continue Reading US Immigration Agency Announces Measures to Expedite Services and Decrease Pending Caseload

On Tuesday, March 30, 2021, US Citizenship and Immigration Services (USCIS) announced that it received a sufficient number of H-1B registrations through its new electronic registration system needed to reach the annual cap, which includes registrations for both the 65,000 regular cap, as well as the 20,000 allotted US advanced degree exemption (or “master’s cap”).

USCIS states in its announcement that the lottery selection process is complete and that the Agency has notified all prospective petitioners if their registrations have been selected, meaning employers are eligible to file a FY2022 H-1B cap-subject petition on behalf of the employees for whom selection notices have been assigned.Continue Reading USCIS Announces H-1B FY2022 Lottery Selection Complete, Selected Petitioners Notified

USCIS announced last week the implementation of adjustments that will slow the processing of Premium Processing Service cases, as well as increase filing fees for the majority of requests as part of a published Final Rule.

As covered in our previous blog post, a proposed Final Rule was reopened in January and the comment period extended to February 10.  On May 27, 2020, the USCIS Fee Rule went to the Office of Management and Budget’s Office of Information & Regulatory Affairs (OIRA).  OIRA completed its review on July 22, 2020, and the Final Rule was published on July 31, 2020.

In addition to lengthening processing for the Premium Processing Service and adjusting fees for petitions filed with USCIS, the Final Rule removes certain fee exemptions, changes fee waiver requirements, modifies intercountry adoption processing, and makes certain adjustments to filing requirements for nonimmigrant workers.

The Final Rule, including the adjusted fee amounts, is effective October 2, 2020.  Any application, petition, or request postmarked on or after that date must include the new fees under the Final Rule.

Adjustment to Premium Processing Timelines

As part of the Final Rule, USCIS has adjusted the processing time for its Premium Processing Service, which provides accelerated processing of some visa submissions for an additional filing fee ($1,440).  The Final Rule will increase the processing time from fifteen (15) calendar days to fifteen (15) business days.  This change will increase processing times associated with the Premium Processing Service, which will provide less flexibility to employers and lengthen the time required to secure approvals of work authorization.

Changes to Filing Fees for Nonimmigrant and Immigrant Petitions

The Final Rule adjusts the USCIS fee schedule to “provide for recovery of the estimated full cost of immigration adjudication and naturalization services,” according to the language in the published Final Rule.  DHS is adjusting USCIS fees by a weighted average increase of 20 percent, adding new fees for certain immigration benefit requests, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms.

Of particular note, USCIS has implemented varying filing fees for Form I-129, petitions with USCIS for H, L, O, E, and TN visas.  Under the Final Rule, each non-immigrant category will be subject to a separate fee rather than the current fee of $460.Continue Reading USCIS Lengthens Premium Processing Timeline and Implements Fee Increases, Among Other Adjustments

Updated on April 2, 2020.

On Friday, March 27, 2020, US Citizenship and Immigration Services (USCIS) announced that it received a sufficient number of H-1B registrations through its new electronic registration system needed to reach the annual cap, which includes registrations for both the 65,000 regular cap, as well as the 20,000 allotted US advanced degree exemption (or “master’s cap”).

USCIS states that it will notify employers no later than March 31, 2020 if any of their registrations have been selected in the lottery.  The process remains as reported in our prior Mobile Workforce post, As March 20 Fast Approaches, Where Do Your H-1B Cap Cases Stand?
Continue Reading USCIS Announces H-1B FY 2021 Lottery Selection Complete, With Notification to Selected Petitioners Slated for March 31