USCIS Temporarily Suspends Premium Processing for All I-129 and I-140 Petitions Due to Coronavirus

The US Citizenship and Immigration Services (“USCIS”) announced that they will immediately suspend their premium processing services effective March 20 due to the coronavirus pandemic. Here is what you need to know about this USCIS coronavirus update and whether your premium processing petition was suspended due to the coronavirus crisis. For updates regarding USCIS coronavirus premium processing suspension please visit the official USCIS website here

Which I-129 categories are affected by the premium processing suspension due to coronavirus?

The temporary USCIS premium processing suspension affects petitioners who filed their I-129 petition for the following categories: 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. 

Which I-140 categories are affected by the premium processing suspension due to coronavirus?

This temporary USCIS premium processing suspension affects petitioners who filed their I-140 petition for the following categories: EB-1, EB-2 and EB-3.

How will coronavirus premium processing suspension affect my H-1B petition?

If your H-1B premium processing petition request was mailed before March 20 and has not yet been accepted by USCIS, this means that USCIS will reject your premium processing petition. Please keep in mind that this premium processing suspension includes 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. 

Will USCIS coronavirus premium processing suspension affect my previously accepted Form I-907?

If you filed your Form I-907, Request for Premium Processing Service, with USCIS before March 20 and it was accepted, USCIS will process the petition in accordance with the premium processing service criteria. 

USCIS advises all petitioners to visit the Check Processing Times page and the H-1B page for more information on current Form I-129 and I-140 processing times.

What will happen if I already filed Form I-129 or Form I-140 using premium processing service?

If you already filed Form I-129, Petition for Non-Immigrant Worker, or Form I-140, Immigrant Petition for Alien Workers, with USCIS using their premium processing service and haven’t heard from the agency within the 15-calendar day period, USCIS informs that the petitioner will receive a refund of their money. 

Will I get my filing fee money back due to USCIS coronavirus premium processing suspension?

In their broadcast message USCIS stated that they will reject any Form I-907 requesting premium processing services that were mailed before March 20 but have not yet been accepted. However, the agency will return the $1,440 filing fee for all premium processing petitions.

How will this USCIS premium processing suspension due to coronavirus affect employers and foreign nationals?

Due to the coronavirus premium processing suspension any employer wishing to sponsor a foreign national for temporary or permanent employment will not be able to file their petition with USCIS until further notice. However, this suspension due to the coronavirus crisis is expected to be temporary.

When will premium processing service be resumed?

USCIS will publicly announce the confirmed date when their premium processing service will be resumed. For more updates during this quickly changing situation please visit the official USCIS website here

Our immigration lawyer is here to help you with your refiling of petition I-129 or I-140

Do you need assistance preparing and filing your new petition I-129 or I-140 with USCIS? As an experienced immigration law firm, Pandev Law has the knowledge and experience to guide you through your immigration case even during these difficult times. 

Please complete our contact form, email [email protected], or call us at (212) 220-6652, to schedule a consultation with our immigration attorney.

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Adrian Pandev immigration lawyer USA

Disclaimer: This blog article is provided by Pandev Law, LLC for general educational and informational purposes only. Although this article discusses general legal issues, it does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act or refrain from acting on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Pandev Law, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. This blog article may constitute attorney advertising. Prior results do not guarantee a similar outcome.

Adrian Pandev

As the principal attorney at Pandev Law, I have helped hundreds of foreign individuals and companies successfully navigate their journey to the United States. Previously, I served as Trial Attorney at the U.S. Department of Justice. Now, I represent foreign investors, founders, and high-net-worth-individuals in business, immigration, and wealth planning matters. I am an early proponent of blockchain technology and serve as strategic advisor to blockchain startups and cryptocurrency investors. Selected to the Super Lawyers New York Rising Stars list 2019-2021. Follow me on Twitter, LinkedIn, or Instagram.

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