Is premium processing of work visa petitions still available?

On March 20, 2020, the USCIS announced that premium processing of Form I-129 Petition for Nonimmigrant Worker and Form I-140 Immigrant Petition For Alien Worker would be temporarily suspended with immediate effect, until further notice, due to the coronavirus pandemic.

The USCIS confirmed that any I-129 Petitions for Nonimmigrant Workers and I-140 Immigrant Petitions For Alien Workers properly filed with a premium processing request prior to March 20, 2020 would continue to be processed by way of premium processing. However, the USCIS stated that they would reject any requests for premium processing (and return the associated premium processing fee) for petitions mailed prior to March 20, 2020, which were not accepted for filing prior to the USCIS’ announcement.

Which visa categories will be affected by the temporary suspension of premium processing?

The immediate and temporary suspension of premium processing will affect the following major visa categories (NB: this is not an exhaustive list):

I-129:  L-1A, L-1B, O-1, O-2, P-1, R-1, H-1B, H-2B, H-3

I-140: EB-1, EB-2, EB-3

What are the consequences of the temporary suspension of premium processing?

It is important to note that the USCIS are still accepting I-129 Petitions for Nonimmigrant Workers and I-140 Immigrant Petitions For Alien Workers. It is simply the case that, with effect from March 20, 2020, premium processing is no longer available. As such, I-129 and I-140 petitions filed on or after March 20, 2020 will be subject to standard processing.

If you are contemplating filing a work or business visa application, we would recommend that you contact us in order to seek advice on your position.

Davies Legal Immigration

At Davies Legal Immigration, we represent clients in all types of work and business visa applications. We combine sound legal judgment, with commercial insight and a pragmatic, innovative approach, in order to maximize your prospects of success. Call now for advice on how we can assist you with your visa application and potentially facilitate your American Dream.

Published: 3rd April 2020

Filed under: Coronavirus, President Trump, US Immigration, US Immigration Law