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The Department of Homeland Security (DHS) announced that US Citizenship & Immigration Services (USCIS) will accept premium processing requests on a rolling basis for certain immigrant petitions (Form I-140) for multinational executives/managers and for members of professions with advanced degrees or exceptional ability seeking a national interest waiver. Immigrant petitions (Form I-140) are filed by employers sponsoring employees and individuals for US permanent residency (the US green card).  This is the first implementation phase of the previously announced premium processing expansion.

Employers will be able to request premium processing (expedited adjudication based on a government filing fee) in a staggered approach for the newly-included categories, but note that this benefit applies only to cases filed on or before a specific date in 2021.

Premium Processing May Be Requested Beginning On: Case Type Filed On or Before
June 1, 2022 EB-1C Multinational Managers/Executives January 1, 2021
July 1, 2022 EB-1C Multinational Managers/Executives March 1, 2021
July 1, 2022 EB-2 National Interest Waivers June 1, 2021

Continue Reading Long Awaited Expansion of Expedited Processing: EB-1 and EB-2 Employment Cases

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

Red Alert Button

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

USCIS has announced that starting February 19, 2019, it will resume premium processing service for all H-1B petitions (including change of employer or “port” petitions) filed on or before December 21, 2018.  Petitioners seeking to upgrade their pending H-1B petitions to premium processing must submit their request to the service center where the petition is…

Stock image of glasses with job text beneath them

On January 25, 2019, US Citizenship and Immigration Services (USCIS) announced that the agency would reinstate premium processing for H-1B petitions filed last April under the FY 2019 annual quota (the “cap”), including those eligible for the advanced degree exemption (i.e., holders of US master’s degrees or higher). This reinstatement of premium processing is only available for pending petitions and will not apply to new submissions, as the FY 2019 cap quota has already been met.

The premium processing service permits employers to pay an additional fee of $1,410 to have an immigration benefit adjudicated within 15 days, and USCIS will return the additional fee to the employer if the benefit application is not timely adjudicated.
Continue Reading USCIS to Resume Premium Processing for H-1B Cap-Subject Petitions Filed in April 2018 That Remain Pending

USCIS announced today that it is expanding its temporary suspension of premium processing to include additional types of H-1B petitions such as change of employer petitions and amendment petitions. Currently, the suspension impacts only cap-subject H-1B petitions which continue to be adjudicated under regular processing.  Effective September 11, 2018, all other H-1B petitions will be…

BREAKING NEWS:  USCIS Reaches FY 2019 Cap

USCIS announced today, April 6, 2018, that it has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019, as well as a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the “master’s cap.”  Our Legal Update from…

For the second year in a row, US Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend premium processing for the upcoming fiscal year’s H-1B petitions, for which filings may be accepted as of April 2, 2018:

Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. We will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher.

USCIS’s premium processing service guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service, or USCIS will refund the Premium Processing Service fee. If the fee is refunded, the relating case will continue to receive expedited processing.
Continue Reading USCIS Suspends Premium Processing for H-1B Cap-Subject Petitions Twelve Days before Annual Lottery Commences