If your I-129 or I-140 has already been filed and accepted by USCIS, they will continue to process in premium processing, but if they cannot complete the case within the 15-day clock, they will refund the premium fee. Otherwise, anything filed after today can only be filed in regular processing.
U.S. Citizenship and Immigration Services today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus Disease 2019 (COVID-19).
Effective today, March 20, 2020, USCIS will not accept any new requests for premium processing. USCIS will process any petition with a previously accepted premium processing case.
However, employers who have already filed an I-129 or I-140 petition using the premium processing service and who receive no agency action on their case within the 15-calendar-day period will receive a refund,
USCIS will notify the public with a confirmed date for resuming premium processing.
USCIS will reject the I-907 and return the $1,440 filing fee for all petitions requesting premium processing that were mailed before March 20 but not yet accepted.
This temporary suspension includes petitions filed for the following categories:
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.
This includes new premium processing requests for all H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, petitions from previous fiscal years, and all H-1B petitions that are exempt from the cap. USCIS previously announced the temporary suspension of premium processing for FY 2021 cap-subject petitions and tentative dates for resumption of premium processing service. This announcement expands upon and supersedes the previous announcement.
This news will be particularly difficult for those with H-1B six year limit being reached soon and waiting for the labor certification to be approved. Now you do not have the option to file the I-140 in premium processing in order to qualify for an extension beyond the six year limit. If you are facing this situation:
- If you qualify for any other visa category (such as H-4), you can file a change of status shortly before the six year limit will be reached to buy some time.
- Normally, we can recommend that you take some strategic vacations outside the US to buy enough time through recapture, but particularly for Indians, you have no place to fly to as the country is not accepting any international flights, even their own citizens.
- Last option is to leave the US a few days before the max out date and work remotely until either the I-140 is approved or the labor has reached 365 days from the date of filing. Then the employer can file an H-1B petition for consular processing, upon approval you can apply for a new visa stamp, then return to continue H-1B status.
This can also be problematic for those wishing to change employers at this time. Many H-1B workers prefer to file the H-1B transfer in premium processing and wait for the approval before joining the new employer, especially given the increased rates of H-1B denials in recent years. Now, the new employer may not be willing to wait months for you to join. H-1B portability does allow an H-1B employee who is changing employers may begin working for the new employer as soon as the employer files a Form I-129 petition on behalf of the employee. The new petition must not be frivolous and must have been filed prior to the expiration of the individual’s period of authorized stay. The new employer would then complete a new Form I-9 for this newly hired employee. An H-1B employee’s unexpired Form I-94/Form I-94A issued for employment with the previous employer, along with their foreign passport, would qualify as a List A document for I-9 purposes. The new employer should write “AC-21” and enter the date Form I-129 was submitted to USCIS in the Additional Information field in Section 2.