USCIS ANNOUNCES INCREASE TO PREMIUM PROCESSING FEE

On December 27, 2023, USCIS announced that the filing fee for Form I-907, Request for Premium Processing, will be increasing to adjust for inflation.

The fee change will go into effect on February 26, 2024. If USCIS receives a Form I-907 postmarked on or after February 26, 2024, with the incorrect fee, the Form I-907 will be rejected and returned.

The fee changes are as follow:

• Form I-129, Petition for a Nonimmigrant Worker will increase from $2500 to $2805, except for H-2B and R-1 petitions. For H-2B and R-1 petitions it will increase from $1500 to $1685.
• Form I-140, Immigrant Petition for Alien Worker will increase from $2500 to $2805.
• Form I-539, Application to Extend/Change Nonimmigrant Status will increase from $1750 to $1965.
• Form I-765, Application for Employment Authorization will increase from $1500 to $1685. Please note that premium processing for Form I-765 is only currently available for certain F-1 students.

Department of Homeland Security (DHS) will use the revenue generated by the premium processing fee increase to provide premium processing services, make improvements to adjudications processes, respond to adjudication demands (including reducing benefit request processing backlogs), and otherwise fund USCIS adjudication and naturalization services.

BILL INTRODUCED TO INCREASE VISA NUMBERS FOR NURSES AND PHYSICIANS

US Senate Majority Whip Dick Durbin (D-IL) and US Senator Kevin Cramer (R-ND) introduced a bill, known as the Healthcare Workforce Resilience Act, on November 2, 2023, to address the nation’s shortage of physicians and nurses.

If passed, this bill will recapture 25,000 unused immigrant visa for nurses and 15,000 unused immigrant visas for physicians, from previous years. These visas would not be subject to the per country numerical limit that has led to lengthy waits for green cards for nurses and physicians from several countries.

Spouses and children that are accompanying or following to join these nurses and physicians, would be eligible for immigrant visas as part of this bill too. The spouses and children’s visas would not be considered as part of the 25,000 and 15,000 allocated visas for the nurses and physicians.

The nurse and physician cases would be required to be adjudicated by USCIS under USCIS’s premium processing program. There will be no additional fee for the premium processing.

USCIS EXPANDS PREMIUM PROCESSING FOR CHANGE OF STATUS APPLICATIONS TO F, M, OR J NONIMMIGRANT STATUS

USCIS announced that applicants filing Form I-539 seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status can now request premium processing on Form I-907 based on the following schedule:

• Effective June 13, USCIS now accepts I-907 requests filed via paper form or online for F, M, or J applicants with a pending I-539;
• Starting June 26, USCIS will accept I-907 requests filed together with I-539 applications seeking F, M, or J status;

This expanded premium processing is only available for change of status requests.  The I-907 request must be submitted in the same manner as the I-539 application, either online or snail mail.  The premium processing clock will start only once all I-539 applicants have completed biometrics.

The premium processing fee for F, M, and J change of status applicants is $1,750 and the processing time is 30 days.

PREMIUM PROCESSING WILL EXPAND TO INCLUDE OPT/STEM OPT APPLICATIONS

Continuing its initiative to expand premium processing eligibility, on March 6, 2023, USCIS issued a News Release  that its premium processing program will be expanded again to include applications for OPT and STEM OPT applications.

Pending OPT and STEM OPT Applications

Beginning March 6, 2023, USCIS will accept Form I-907 (filed via paper or online) requests to upgrade to premium processing for pending EAD applications under the following categories:

·         (c)(3)(A) – Pre-Completion OPT;

·         (c)(3)(B) – Post-Completion OPT; and

·         (c)(3)(C) – 24-Month Extension of OPT for STEM students.

The Form I-907 filing fee for these classifications is $1,500.

USCIS has 30 calendar days to issue an RFE, approval, or denial on premium processing upgrade requests under these classifications.

Initial OPT and STEM OPT Applications

Beginning April 3, 2023, USCIS will accept premium processing requests (filed via paper or online) for applications in the categories above when filed together with initial OPT and STEM OPT applications.

 

 

PREMIUM PROCESSING WILL EXPAND TO INCLUDE INITIAL EB-1 AND EB-2 I-140 PETITIONS AND OPT/STEM OPT APPLICATIONS

Continuing its initiative to expand premium processing eligibility, on January 12, 2023, USCIS issued a news alert that its premium processing program will be expanded again to include initial I-140 petitions filed under the EB-1 and EB-2 categories, as well as applications for OPT and STEM OPT applications.

EB-1 and EB-2 I-140 Petitions

MU previously published blogs on the first phase, second phase, third phase of the initiative.

Beginning Jan. 30, 2023, USCIS will accept Form I-907 requests for:

    •    All pending E13 multinational executive and manager petitions and E21 NIW petitions; and

    •    All initial E13 multinational executive and manager petitions and E21 NIW petitions.

USCIS has 45 days to issue an RFE, approval, or denial on cases that request premium processing for these newly included Form I-140 classifications. USCIS will reject any premium processing requests for the classifications above that are filed before the appropriate start date.  

OPT and STEM OPT Applications

In March 2023, USCIS will accept Premium Processing upgrade requests for pending OPT and STEM OPT applications.

In April 2023, USCIS will accept Premium Processing requests for initial OPT and STEM OPT applications.

USCIS will announce the specific dates for each category in February 2023. 

USCIS also anticipates expanding Premium Processing for certain student and exchange visitors who have filed Forms I-539 in May 2023 and June 2023; an announcement from USCIS on this expansion is forthcoming.

USCIS has 30 days to issue an RFE, approval, or denial on cases that request premium processing for Form I-765 and I-539 classifications.

PREMIUM PROCESSING WILL EXPAND TO INCLUDE ADDITIONAL PENDING EB-1 AND EB-2 I-140 PETITIONS: PHASE 3

In the third phase of its initiative to expand premium processing eligibility, on September 15, 2022, USCIS issued a news alert that its premium processing program will be expanded again to include additional pending I-140 petitions filed under the EB-1 and EB-2 categories.

MU issued updates on the first phase and second phase of the initiative earlier this year.

Beginning September 15, 2022, USCIS will accept Form I-907 requests for:

·       EB-1 multinational executive and manager petitions received on or before January 1, 2022; and

·        EB-2 NIW petitions received on or before February 1, 2022.

New (initial) I-140 filings for the categories above are not eligible for premium processing at this time.

USCIS has 45 days to issue an RFE, approval, or denial on cases that request premium processing for these newly included Form I-140 classifications. Per USCIS’s I-907 webpage, the fee for filing Form I-140 requesting EB-1, EB-2, or EB-3 immigrant visa classification is $2,500.

USCIS will reject any premium processing requests for the classifications above that are filed before the appropriate start date. 

PREMIUM PROCESSING WILL EXPAND TO INCLUDE ADDITIONAL PENDING EB-1 AND EB-2 I-140 PETITIONS: PHASE 2

In the second phase of its initiative to expand premium processing eligibility, on July 15, 2022, USCIS issued a news alert that its premium processing program will be expanded again to include additional pending I-140 petitions filed under the EB-1 and EB-2 categories.

MU’s discussion on the first phase of the initiative can be found here.

Beginning Aug. 1, 2022, USCIS will accept Form I-907 requests for:

·       EB-1 multinational executive and manager petitions received on or before July 1, 2021; and

·         EB-2 NIW petitions received on or before Aug. 1, 2021.

New (initial) I-140 filings for the categories above are not eligible for premium processing at this time.

USCIS has 45 days to issue an RFE, approval, or denial on cases that request premium processing for these newly included Form I-140 classifications. Per USCIS’s I-907 website, the fee for filing Form I-140 requesting EB-1, EB-2, or EB-3 immigrant visa classification is $2,500.

USCIS will reject any premium processing requests for the classifications above that are filed before the appropriate start date. 

PREMIUM PROCESSING WILL EXPAND TO INCLUDE CERTAIN PENDING EB-1 AND EB-2 I-140 PETITIONS

As part of its initiative to expand premium processing eligibility, on May 24, 2022, USCIS issued a news alert that its premium processing program will be expanded to include certain pending I-140 petitions filed under the EB-1 and EB-2 categories.

This expansion of premium processing only applies to certain previously filed Form I-140 petitions and will occur in phases:

·         Beginning June 1, 2022, USCIS will accept Form I-907 premium processing upgrade requests for E13 multinational executive and manager petitions received on or before Jan. 1, 2021.

·         Beginning July 1, 2022, USCIS will accept Form I-907 premium processing upgrade requests for E21 NIW petitions received on or before June 1, 2021, and E13 multinational executive and manager petitions received on or before March 1, 2021.

New (initial) I-140 filings for the categories above are not eligible for premium processing at this time.

USCIS will reject any premium processing requests for the classifications above that are filed before the appropriate start date. 

USCIS REINSTATES PREMIUM PROCESSING

Beginning Monday, June 1, 2020, the USCIS will reinstate premium processing on certain applications.  Below is a list of case types and the date on which premium processing will be reinstated.

June 1 – All I-140s, except those on behalf of Multinational Managers / Executives and National Interest Waivers can be filed for or upgraded to premium processing.  (NOTE – I-140s on behalf of Multinational Managers / Executives and National Interest Waivers have never been allowed to file under premium processing.)

June 8 – Cap-exempt H-1B petitions that were filed before June 8 can be upgraded to premium processing.  Typical cap-exempt H-1B petitions include:

·        H-1B extensions

·        H-1B amendments

·        H-1B transfers

·       H-1B petitions filed on behalf of cap-exempt entities such as research facilities and universities.

June 15 – Cap-exempt H-1Bs filed on or after June 15 can be filed for premium processing

June 22 – All other H-1Bs petitions, including H-1B cap cases selected in April 2020 can be filed for or upgraded to premium processing.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: The USCIS recently announced that it may excuse some delays in filing immigration cases in a timely manner. USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond the applicant’s control, such as those that may be caused by COVID-19.

Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60-day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel. 

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to several countries within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60 day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency.

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials. 

 On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

Interviews and In-Person Appointments: As of March 18, 2020 the USCIS has suspended all in-person services until at least April 1, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials. 

On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

USCIS SUSPENDS PREMIUM PROCESSING FOR I-140 AND I-129 PETITIONS

From the USCIS Press Release:

“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 Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria. However, we will not be able to send notices using pre-paid envelopes. We will only send batch-printed notices. Petitioners who have already filed a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Workers, using the premium processing service and who receive no agency action on their case within the 15-calendar-day period will receive a refund, consistent with 8 CFR 103.7(e). We 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.”

USCIS TEMPORARILY SUSPENDS PREMIUM PROCESSING FOR FY2021 CAP-SUBJECT PETITIONS

The USCIS will temporarily suspend H-1B Cap petitioner’s ability to use the premium processing service.  On or before May 27, 2020, USCIS will resume processing for cap-subject H-1B petitions who hold F-1 student nonimmigrant status.  This will allow F-1 students first priority at the premium processing service. 

USCIS will allow all other cap-subject H-1B petitions to use the premium processing service no later than June 29, 2020. 

USCIS ANNOUNCES FEE INCREASE EFFECTIVE DECEMBER 2, 2019

On October 30, 2019 the USCIS announced a proposed rule to increase the premium processing fee.  The premium processing fee will be raised from $1,410 to $1,440.  The fee increase will go into effect on December 2, 2019.

 

Premium processing is an optional service currently authorized for certain types of cases, notably filing an H-1B or an I-140. The system allows petitioners to request 15 day processing of these cases if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees.

The USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits.  The USCIS indicates this increase of the premium processing fee reflects the full amount of inflation from the implementation of the premium processing fee in June 2001 through August 2019 based on the Consumer Price Index for all Urban Consumers (CPI-U).

USCIS ALLOWS PREMIUM PROCESSING FOR ALL H-1B PETITIONS

Effective Tuesday March 12, 2019, USCIS will again allow premium processing on all H-1B petitions.  While this is welcome news, the window of upgrading H-1B petitions to the Premium Processing Service may be short.  In 2018, USCIS suspended premium processing on H-1B transfers and amendments effective September 11, 2018. 

 

The only exceptions to the September 2018 USCIS premium processing suspension were for H-1B extensions (i) with the same employer or (ii) H-1Bs for cap-exempt institutions, such as Universities or research organizations. 

 

Accordingly, if you have a pending H-1B petition, you may only have a few months to upgrade to premium processing.  It is impossible to say what USCIS will do because the USCIS often makes these announcements with very little warning.  Conceivably, the USCIS may not even wait until September to suspend premium processing on H-1B transfers and amendments.

 

Although no announcement has been made, it is expected that USCIS will not allow April 1, 2019 cap-subject H-1B petitions to take advantage of premium processing.