USCIS Suddenly and Temporarily Suspends Premium Processing on All I-129 and I-140 Petitions Due to Coronavirus

USCIS has just announced that March 20, 2020 they are immediately and temporarily suspending premium processing service for all Form I-129 and I-140 petitions until further notice due to the Coronavirus/Covid-19 pandemic.

Immediate Suspension of ALL Premium Processing Services

Effective today, March 20, 2020, USCIS will not accept any new requests for premium processing. They will process any pending petition with a previously accepted premium processing service. Petitioners who do not receive a response within the mandated 15-day window will be eligible to receive a refund of the premium processing filing fee ($1,440).

Which Petitions Are Affected?

This temporary suspension includes petitions filed for the following categories:

• I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.
• I-140: EB-1, EB-2 and EB-3.

This includes new premium processing requests for all H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, petitions from previous fiscal years, and all H-1B petitions that are exempt from the cap. USCIS previously announced the temporary suspension of premium processing for FY 2021 cap-subject petitions and tentative dates for resumption of premium processing service. This announcement expands upon and supersedes the previous announcement. 

When Will Premium Processing Resume?

We do not know yet. It appears that this suspension is caused by decreased staffing levels at USCIS and possibly their inability to continue to provide 15-day response due to lower staffing levels at the USCIS service centers. As a result, we hope and expect that the premium processing service will be reinstated as USCIS and the general public gradually restore public activities and events.

Variety of Challenges Due to Lack of Premium Processing

Undoubtedly, there will be many challenges to many employers and applicants as a result of not having the premium processing option especially in an environment where international travel is not desirable (or possible).

We urge employers and individuals who may be affected by this premium processing suspension to reach out to their attorneys (or to consult us or another attorney) to carefully evaluate their options.

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