| On May 29, 2020, the USCIS announced it will resume premium processing (15-day adjudication) of petitions on a staggered approach. Reinstatement begins with premium processing for I-140 immigrant visa petitions commencing on June 1, 2020. This will be followed by filed and pending H-1B petitions and other nonimmigrant petitions previously eligible for premium processing that can be upgraded to premium processing on June 8, 2020. New cap exempt H-1B petitions for premium processing will resume on June 15. Since USC is a cap exempt employer, its new H-1B petitions for extension of status, change of employer, and change of status can be filed under premium processing on June 15. Remaining new nonimmigrant visa petitions such as O-1 and TN will be eligible for premium processing commencing June 22, 2020.
What does this mean for USC petitions?
Upgrading and filing of I-140 petitions under premium processing.
USC’s I-140 petitions pending at the USCIS are now eligible for immediate upgrading to premium processing. Admins should contact FSVS to determine if pending I-140s should be upgraded to premium processing. While most I-140s are eligible for upgrading, it is advantageous for complex petitions to remain in the regular processing queue. This affords USCIS adjudicators the time to carefully review and digest these petitions without the pressure of having to decide a case in 15 calendar days. Additionally, National Interest Waiver (NIW) I-140s were not previously eligible for premium processing, and this remains unchanged. They will remain in the regular processing queue. USC’s new I-140 petitions that can benefit from premium processing will be filed under premium processing. Please contact your FSVS visa specialist if you have any questions about your I-140.
H-1B petition filings and upgrades.
FSVS is in the process of preparing upgrade to premium processing requests for USC’s H-1B Change of Status and Change of Employer petitions for submission to the USCIS starting June 8, 2020. New H-1B petitions including Extension of Status, Change of Status, Change of Employer, and Consular Processing petitions will be filed under premium processing starting on June 15, 2020. Petitions that must be filed before June 15 due to status expirations will be filed under regular processing and upgraded to premium processing after June 15.
O-1 and TN filings and upgrades.
Petitions still pending at the USCIS will be upgraded to premium processing starting on June 8. New O-1 and TN petitions and extensions will be filed under premium processing starting on June 22, 2020.
What upgrading to premium processing involves.
All requests to upgrade eligible petitions to premium processing require FSVS to provide the underlying petition USCIS file number found on the petition receipt notice. The USCIS typically mails receipt notices within 5 to 10 business days of receipt. Because of the limitations of remote working under COVID-19 guidelines, FSVS essential personnel’s mail pick up is limited to one day per week. Until the receipt notice is received by FSVS, the petition cannot be upgraded to premium processing. While your petition may have been submitted to the USCIS more than 10 days ago, or prior to the upgrade eligibility dates listed above, FSVS may have not yet received the physical receipt notice. FSVS understands the importance of swift adjudication of our petitions for our faculty, staff, and hiring units. We ask for your patience for and understanding of our logistics limitations. You will receive notification from FSVS when your upgrade to premium processing is submitted to the USCIS. Please allow for 2 weeks from the anticipated petition receipt notice delivery date to follow up on petition upgrades if you have not heard from FSVS.
Limited resumption of additional USCIS services.
The USCIS is also preparing to resume some public services beginning June 4. This includes naturalization interviews and ceremonies, adjustment of status interviews, and Application Support Center (ASC) appointments for biometrics. ASC appointments previously scheduled and cancelled will be rescheduled. Attendance will be governed by COVID-19 social distancing guidelines found here on the USCIS website.
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We at FSVS are extremely grateful for the support and understanding of our community while we work under these new conditions. We remain committed to helping USC, hiring units, and foreign nationals achieve immigration benefits such as short and long term employment authorization; visa processing; and immigration compliance in a dynamic and evolving environment. We will provide competent, timely, and strategic guidance in a supportive, and respectful manner to our constituents while protecting the reputation and integrity of the University before the immigration services.
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