USCIS announced that they are resuming premium processing for cases that are filed using Form I-140 and Form I-129. The reinstatement of premium processing is staggered, but here’s a quick summary:

I-140 Premium Processing

• Resumes June 1 for all eligible I-140s. This includes:
  • EB-1A: Extraordinary Ability
  • EB-1B: Outstanding Professors and Researchers
  • EB-2 and EB-3: Based on Labor Certification
  • EB-2 and EB-3: Schedule A
• Please note that EB-1 C Multinational Managers and EB-2 NIW cases are still ineligible for premium processing.

I-129 Premium Processing

• For H-1b petitions it is reinstated in stages:
  • June 8th:
    • Premium processing resumes for H-1b petitions filed prior to June 8th that are cap-exempt
  • June 15th:
    • Premium processing resumes for all cap-exempt H-1b petitions
  • June 22nd:
    • All H-1b petitions are eligible for premium processing including cap-subject cases.
• For all other nonimmigrant cases filed using form I-129 petitions (excluding H-1b petitions):
  • June 8th:
    • Premium processing resumes for all other types of I-129 cases filed prior to June 8th. This includes all categories previously eligible for premium processing:
      • E-1, E-2, L-1a, L-1b, O-1, O-2, P-1, P-2, P-3, Q-1, R-1, and TN.
      • Please note E-3s (for Australian nationals) are still ineligible for premium processing.
  • June 22nd:
    • Premium processing resumes for all cases previously eligible for premium processing.

We’re grateful to see the return of premium processing, as some individuals need a fast decision on their applications. We are also please to see that during the COVID-19 crisis, USCIS is actually processing regular processing cases much faster than in recent years. For example, we are seeing many H-1b cap cases and extensions processed in less than 2 months (compared to 5+ months previously). However, USCIS processing times are inconsistent as some cases are still taking much longer. Processing times will vary depending on case type, as well as the service center and the individual officer assigned to the case.