Temporary Suspension of Premium Processing for H-1B, E-1/E-2, EB-1 and Other Employees

Temporary Suspension of Premium Processing for H-1B, E-1/E-2, EB-1 and Other Employees

USCIS announced that Form I-907, Request for Premium Processing will not be accepted for any Form I-129 or I-140 submitted until further notice. Any petitions already in process will be processed in accordance with existing Premium Processing criteria, so if there is no agency action on the case within a 15-calendar day period, a refund will be issued. The announcement does not state whether processing would continue to be expedited if a refund is issued, but if following current criteria, the cases should remain on an expedited schedule.

For petitions mailed prior to March 20 but not yet accepted, USCIS will reject the I-907 and return the $1,440 filing fee to the sender. Affected categories include:

  • I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.
  • I-140: EB-1, EB-2 and EB-3.

USCIS had previously announced a suspension of Premium Processing for cap-subject H-1B petitions. The H-1B registration period ended on Friday, March 20, 2020 with selection expected to be announced by March 31, 2020. USCIS stated in the new update that the previous announcement providing tentative dates for resumption of premium processing is no longer valid. All H-1B petitions are affected by the suspension, including petitions from previous fiscal years and cap-exempt petitions.

Visit our COVID-19 Resource Page for Employers & Foreign Workers to read about other critical immigration updates.