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Articles Posted in Premium Processing

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Welcome back to Visalawyerblog! In this post, we bring you the latest immigration news for the week.

USCIS Temporarily Closing Offices to the Public March 18-April 1 to Reduce Spread of COVID 19 

In response to the widespread COVID 19 pandemic, the United States Citizenship and Immigration Services (USCIS) has announced that effective March 18, 2020 the agency will suspend in-person services at its field offices, asylum offices, and Application Support Centers (ASC) nationwide in an effort to help slow the spread of the Coronavirus.

USCIS plans to suspend in-person services until at least April 1st.

What if I have a scheduled appointment or naturalization ceremony?

USCIS has stated that all applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by this closure will receive notices in the mail.

In addition, USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When an interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview.

When USCIS resumes normal operations, USCIS will automatically reschedule ASC appointments impacted by the office closure. Impacted applicants and petitioners will receive a new appointment letter in the mail.

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We have news for petitioners seeking to use premium processing services. The Department of Homeland Security published a final rule in the Federal Register on October 31, 2019 to increase the premium processing fee to account for inflation.

The adjustment increased the premium processing fee from $1,410 to $1,440 beginning December 2, 2019. This increase in fees applies to applications postmarked on or after December 2, 2019.

What is Premium Processing Service?

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New Zealand Now Eligible to Apply for E-1 and E-2 Investor Visas

Beginning June 10, 2019, New Zealand nationals can apply for the E visa categories thanks to the President’s enactment of the Knowledgeable Innovators and Worthy Investors (KIWI) Act. Applicants who are already in the United States on a valid non-immigrant visa may now apply for a change of status to an E visa.

The E visa does not provide a direct path to permanent residency, but it is a great option for individuals who wish to live and work in the United States with their families for a temporary period of time. There is no set limit on the maximum amount of time an individual may remain on the E visa, but applicants must intend to depart at the end of their period of authorized stay in the United States.

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On May 10, 2019, USCIS made important updates to its policy manual regarding public services which appear in PA-2019-03.

USCIS has clarified its policy regarding responses to service requests. It is the goal of USCIS to respond to a service request within 15 calendar days from the date the service request was filed with USCIS.

Requests Receiving Priority

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Good news for H-1B FY 2020 applicants requesting a change of status. Premium processing services will be offered for applicants filing an H-1B petition in the April 2019 lottery who are requesting a change of status.

Premium processing will be offered in a two-phased approach during the FY 2020 cap season, so that USCIS does not end up having to suspend the use of this service as it has in previous years.

The first phase will include FY 2020 cap-subject H-1B petitions requesting a change of status, and the second phase will include all other FY 2020 cap-subject petitions.

What should you know?

Starting April 1, H-1B FY 2020 cap-subject petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker, may request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.

However, to prioritize data entry for cap-subject H-1B petitions, USCIS will not begin premium processing for these petitions immediately.

USCIS will begin premium processing for these petitions no later than May 20, 2019, and will notify the public before premium processing begins for these petitions.

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USCIS has announced that it will resume premium processing services for all H-1B petitions on Tuesday, March 12.

Applicants who have received a request for evidence (RFE) for a pending H-1B petition, should include Form I-907 request for premium processing along with the RFE response, if they wish to upgrade their petition.

What is Premium Processing Service?

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Today February 15, 2019, USCIS announced that the agency will resume premium processing services on Tuesday February 19, 2019, for all H-1B petitions filed on or before December 21, 2018.

Premium processing service remains suspended for H-1B petitions filed on or after December 22, 2018. USCIS will make an announcement at a later date when USCIS plans to resume premium processing for the remaining categories of H-1B petitions as agency workloads permit the agency to resume these services.

USCIS has provided the following guidance for petitioners who received a transfer notice for a pending H-1B petition, who are interested in upgrading their petition to premium processing:

If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service, you must submit the premium processing request to the service center now handling the petition.

You should also include a copy of the transfer notice with your premium processing request to avoid possible delays associated with the receipt of your premium processing request.

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USCIS recently announced that beginning January 28th premium processing services for all fiscal year 2019 H-1B cap petitions will resume, including petitions filed under the advanced degree exemption (also known as the “master’s cap”).

This means that any petitioner with a pending FY 2019 cap-subject petition may now upgrade the H-1B petition to premium processing service.

Petitioners who have received a request for evidence for a pending FY 2019 cap-subject petition may also upgrade the petition to premium processing service by including a Form I-907 with the response to the request for evidence.

What is premium processing service?

Premium processing is a service provided by USCIS for certain employment-based immigration benefit requests. The service gives petitioners the benefit of receiving 15-day processing of their petition.  Premium processing is typically used in connection with Form I-129 Petitions for Nonimmigrant workers and I-130 Immigrant Petitions for Alien Workers.

At the moment, premium processing service has only resumed for pending petitions subject to the FY 2019 cap.

Premium processing services remain temporarily suspended for all other categories of H-1B petitions (except those outlined below).

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BREAKING: The United States Citizenship and Immigration Services (USCIS) will be publishing a final rule in the Federal Register tomorrow August 30, 2018, increasing the premium processing fee charged by the agency by 14.92 percent.

According to USCIS the increase in the fee accounts for inflation according to the Consumer Price Index. The last time that the filing fee for premium processing was updated to account for inflation was in the year 2010.

The adjustment in the fee will bring the premium processing fee to $1,410 instead of $1,225. The final rule states that the ruse will become effective 30 days after publication in the federal register which would fall on September 30th of this year. Any applications postmarked on or after September 30th will need to include the new $1,410 filing fee instead of the previous filing fee.

DHS has authorized the fee increase without notice and comment, because according to DHS it is “unnecessary.” The government cites 5 U.S.C. 553(b)(B) and INA section 286(u), 8 U.S.C. 1356(m) as authority to adjust the fee without notice or public comment.

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During March of this year, the United States Citizenship and Immigration Services (USCIS) announced the temporary suspension of premium processing services for all fiscal year 2019 cap-subject petitions, including petitions requesting an exemption from the general cap. USCIS announced that the suspension would last until September 10, 2018, in order to reduce H-1B processing times for long-pending petitions.

Temporary Suspension to Continue through February 19th

Recently, USCIS announced that the agency will be extending the temporary suspension until February 19, 2019.