Due to COVID-19, we are providing calls via PHONE or VIDEO conferencing for your safety.

Please call us 619.819.9204 we are here for YOU! READ MORE

Articles Posted in Premium Processing

justice-423446_1920

Happy Monday! Welcome back to Visalawyerblog. We begin the start of the new week with some disappointing news regarding premium processing fee increases effective today October 19, 2020.

On October 16, 2020, the United States Citizenship and Immigration Services (USCIS) quietly announced a substantial increase in filing fees for premium processing requests filed on Form I-907 that became effective today October 19, 2020,  in compliance with H.R.8337 (Public Law No. 116-159) a continuing appropriations bill that became public law on October 1, 2020.

Pursuant to this new bill, starting today USCIS will increase the filing fee for Form I-907 Request for Premium Processing from $1,440 to $2,500, for all filings except those from petitioners filing Form I-129 Petition for a Nonimmigrant Worker, requesting H-2B or R-1 nonimmigrant worker status.

The premium processing fee for petitioners filing Form I-129 requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500.

What is premium processing?

Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. USCIS guarantees processing within 15 calendar days to those who choose to use this service.

The 15 calendar day period begins when USCIS properly receives the current version of Form I-907, Request for Premium Processing Service, at the correct filing address noted on the form.

Once the I-907 is received, USCIS either issues an approval notice, denial notice, notice of intent to deny, or request for evidence within the 15-calendar day period.

H.R. 8337 will soon expand premium processing service to applications to change or extend nonimmigrant status, applications for employment authorization, and other types of benefit requests.

Continue reading

delivery-guy-1424808_1280

Happy Monday! Welcome back to Visalawyerblog. We kick off the start of a brand new week with very exciting news.

We are happy to report that on October 1, 2020, Congress passed H.R. 8337, an appropriations bill that will expand the availability of premium processing service provided by the United States Citizenship and Immigration Services (USCIS) to a larger pool of applicants for immigration benefits.

The legislation calls for expansion of premium processing to most employment-based immigration applications and potentially all USCIS benefits. This move could prove enormously beneficial especially during the Coronavirus pandemic to help move cases along more quickly than ever before. Applicants who request an employment authorization document (EAD) for example can seek premium processing service along with their applications, allowing for EADs to be issued within 15 calendar days.

During this pandemic, the processing of EAD applications has slowed significantly with most taking at least 7 months or longer to be issued. This new legislation will dramatically improve processing times for those that are willing to pay for premium processing service.

Before H.R. 8337, USCIS allowed certain employment-based petitioners to request premium processing service for E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ (blanket L-1), O-1, O-2, P-1, P-2, P-3, Q-1, R-1, TN-1 and TN-2 applications for a fee of $1,440 with guaranteed processing of applications within 15 calendar days. For immigrant petitions, premium processing was available, with certain exceptions, for the employment-based first, second and third preferences (EB-1, EB-2 and EB-3).


What types of petitions will benefit from the expansion of premium processing service?

The new legislation will now allow premium processing service for:

(A) employment-based nonimmigrant petitions and associated applications for dependents of the beneficiaries of such petitions;

(B) employment-based immigrant petitions filed by or on behalf of aliens described in paragraph (1), (2), or (3) of section 203(b); [the first three employment-based preferences]

(C) applications to change or extend nonimmigrant status;

(D) applications for employment authorization; and

(E) any other immigration benefit type that the Secretary deems appropriate for premium processing.


Continue reading

update-1672363_1920

Great news for our loyal followers! The time has come – today the U.S. Citizenship and Immigration Services (USCIS) announced that premium processing services will resume.

Beginning June 1, 2020, premium processing services for all Form I-129 Petition for Nonimmigrant Workers will be resumed.

What about other types of petitions?

Premium processing service will be resume for other types of petitions in phases as follows:

-Beginning June 8th USCIS will accept premium processing requests for:

  • H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt (for example, petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the numerical allocations).
  • All other Form I-129 petitions (non H-1B petitions) for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication.

-Beginning June 15th USCIS will resume premium processing for:

  • H-1B petitions requesting premium processing where Form I-907 was filed concurrently with Form I-129 (or request for a petition filed on or after June 8) and the beneficiary is exempt from the cap because:
    • 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).

Continue reading

kelly-sikkema-tDtwC11XjuU-unsplash-scaled

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.

Continue reading

katie-harp-3DS6EBOsv7U-unsplash
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?

new-zealand-1184112_1920
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.

update-1672346_1920
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

marius-ciocirlan-398931-unsplash

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.

Continue reading

megaphone-147176_1280
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?

jon-tyson-195064-unsplash

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.

Continue reading