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Some good news for Employers struggling with business planning due to the uncertainty of the future of visas for their valuable international employees – USCIS has announced that it will resume premium processing in phases for certain cases over the month of June. Premium processing will resume for all eligible I-140 petitions at the beginning of June and phase in I-129 petitions over the next several weeks.
Why this Matters:
US Employers do not like the uncertainty in the current climate, where presidential proclamations may limit their ability to hire and retain their highly skilled international talent. Employers want to properly plan and to be able to focus on conducting their business. Premium Processing is a valuable tool for these US Employers who are wanting to expedite USCIS decisions and reduce uncertainty.
Timeline:
6/8/2020: USCIS will begin accepting premium processing requests on June 8th for pending cap-exempt H-1B petitions and all other eligible I-129 petitions (non H-1B) filed before June 8, 2020.
6/15/2020: USCIS plans to resume premium processing for cap-exempt H-1b petitions that are filing an I-907 concurrently with their I-129. The H-1B petitions must be cap-exempt for following reasons:
The employer is cap-exempt or because the beneficiary will be employed at a qualifying cap-exempt institution, entity, or organization (such as an institution of higher education, a nonprofit research organization or a governmental research organization);
OR The beneficiary is cap-exempt based on a Conrad/IGA waiver under INA section 214(l).
6/22/2020: All H-1B cap-subject petitions including change of status and all other I-129 petitions eligible for premium processing will be able to upgrade or concurrently file for premium processing.
Dates are subject to change and USCIS will announce any changes to these dates accordingly.
What Employers should do:
Employers should consult with their corporate immigration lawyer to see if they recommend upgrading to Premium Processing. Some considerations to take into account include for example, when their worker’s current employment authorization expires, and potential proposed limitations to non-immigrant visas that may be on their way via executive orders limiting immigration. dates are subject to change and USCIS will announce any changes to these dates accordingly.
Danielle Atchison
Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM
NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to our situation
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.