USCIS Suspends Premium Processing for All I-129 and I-140 Petitions

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USCIS has announced that effective March 20, 2020, it will suspend premium processing services for all I-129 and I-140 petitions because of the COVID-19 pandemic. This latest announcement from USCIS supercedes the agency’s prior announcement regarding a temporary suspension of premium processing services for H-1B cap petitions.

Premium Processing Suspension Details

Employer requests for 15-day premium processing on I-129 or I-140 petitions that were mailed before March 20, but have not yet been accepted by USCIS, will be rejected. In such cases, USCIS will return the Form I-907 premium processing request, along with the $1,440 premium processing filing fee to the petitioning employer. 

Form I-129 is used for the following temporary work visa categories:

  • E-1 and E-2

  • H-1B, H-2B and H-3

  • L-1A, L-1B and LZ (Blanket Petitions)

  • O-1 and O-2

  • P-1, P-1S, P-2, P-2S, P-3 and P-3S

  • Q-1

  • R-1

  • TN-1 and TN-2.

Form I-140 is used for the following green card categories:

  • EB-1

  • EB-2

  • EB-3

We expect that the blanket suspension of premium processing services for I-129 and I-140 petitions will be lifted after the COVID-19 emergency resolves.

Submitting Expedite Requests While Premium Processing is Suspended

While premium processing services are temporarily suspended, USCIS will continue to consider expedite requests that meet one or more of the following criteria:

  • Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:

    1. File the benefit request or the expedite request in a reasonable time frame, or

    2. Respond to any requests for additional evidence in a reasonably timely manner;

  • Urgent humanitarian reasons;

  • Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or

  • Clear USCIS error.

One would think that expedite requests for healthcare workers and other workers providing essential services during the COVID-19 national emergency would satisfy several of the expedite criteria. However, USCIS has sole discretion to decided whether or not an expedite request is granted. Based on our experience, the key to a successful expedite request is providing sufficient supporting documentation showing how the applicant meets the expedite criteria. Ellis Porter is available to help employers prepare expedite requests as necessary.

Questions?

If you have any additional questions about how this new I-9 guidance impacts you, please contact your Ellis Porter attorney and we will be happy to provide further clarification and assistance.