By Sang Shin, Christian Triantaphyllis, & Catharine Yen

USCIS has recently announced it will resume premium processing for forms I-129 and I-140 in phases over the next month. Please see the agency’s announced schedule below.

USCIS will accept premium processing requests on the following dates:

• Effective June 1, 2020, USCIS will accept premium processing for all eligible Form I-140 petitions.
• Effective June 8, 2020, USCIS will accept premium processing for
  • H-1B petitions that are cap-exempt and pending adjudication as long as it was filed before June 8, 2020
  • All other Form I-129 petitions (non H-1B petitions) eligible for premium processing that are pending adjudication as long as they are filed before June 8, 2020

USCIS will resume premium processing on the following dates:

• Effective June 15, 2020, USCIS will resume premium processing for
  • H-1B petitions with concurrently filed I-907 and are exempt from the cap because
    • The employer is cap-exempt;
    • The beneficiary will be employed at a qualifying cap-exempt institution, entity, or organization; or
    • The beneficiary is cap-exempt based on a Conrad/IGA Waiver under INA Section 214(l)
  • Effective June 22, 2020, USCIS will resume premium processing all other Form I-129 petitions including:
    • All H1B cap-subject petitions (including those for FY 2021), including change of status from F-1 nonimmigrant status
    • All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing

Please reach out to Sang Shin, Christian Triantaphyllis, or Catharine Yen if you have questions about upgrading to premium processing.

Meet Sang

Sang Shin is an experienced immigration attorney with a demonstrated history of successfully representing clients in their immigration matters. Sang advises clients through various immigration applications, including but not limited to: L-1, H-1B, TN, B-1/B-2, B-1 in lieu of H-1B, B-1 OCS, F-1, E-2, E-3, O-1, EADs, Advance Parole as well as PERM Labor Certification, I-140 Immigrant Petitions in the EB1, EB2 and EB3 categories along with Adjustment of Status and Naturalization. Sang also advises client through audits conducted by various government entities including I-9 Audits and review of LCA Public Access Files.

Meet Christian

Christian A. Triantaphyllis is a Houston immigration and real estate attorney and the chair of Jackson Walker’s Investment Immigration practice. Christian represents foreign nationals and immigrant investors in cross-border and business immigration matters, usually dealing with regional centers and direct investments. He takes pride in easing the process for foreign nationals related to EB-5 immigrant investment petitions; I-924 Regional Center applications and amendments; petitions to acquire work-authorization for foreign national professional employees; and immigration law compliance in accordance with U.S. Citizenship and Immigration Services, Customs and Border Protection, and the Department of State.

Meet Catharine

Catharine Yen is an attorney in the real estate and land use practice of Jackson Walker’s Houston office with particular experience in foreign investment and immigration matters. Catharine represents foreign nationals and immigrant investors in all aspects of the EB-5 process to facilitate cross-border and business immigration transactions dealing with regional centers and direct investments. Catharine’s knowledge of the EB-5 visa program, process, and timeline has allowed her to file hundreds of approved I-526 and I-829 petitions. She also regularly prepares and files I-924 Regional Center Applications.

The opinions expressed are those of the authors and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice.