THE LATEST FROM SRW BORDER BLOG

USCIS suspends Premium Processing until further notice

USCIS has called for the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions, effective March 20, 2020. Due to the COVID-19 pandemic, no new requests for premium processing will be accepted for Form I-129 or Form I-140. This guidance will apply to all petitions requesting premium processing service that were mailed before March 20 but had not yet been accepted.

Petitions filed for the following categories will be affected:

  • Form I-129, Petition for a Nonimmigrant Worker: 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.

  • Form I-140, Immigrant Petition for Alien Workers: EB-1, EB-2 and EB-3.

The announcement from USCIS notes, “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 will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria.

However, petitioners who have already filed a Form I-129 or Form I-140 using the premium processing service and who receive no agency action on their case within the 15-calendar-day period will receive a refund for the $1,410 premium processing fee.

For additional information, please visit the USCIS.gov website. If you have, or were planning to file, a I-129 or I-140 petition that will be impacted by this announcement, please reach out to Serotte Reich for advice or assistance: 716-854-7525 or www.srwborderlawyers.com/contact.

Canadian Citizen With Another I-192 Waiver Approval

Application Type: I-192, Application for Advance Permission to Enter as Nonimmigrant

Adjudication Time: 129 Days

Adjudicating Agency: Admissibility Review Office (Filed @ Edmonton International Airport in Edmonton, Alberta)

Grounds of Inadmissibility: INA §212(a)(2)(A)(i)(I) – (3) Convictions for Crimes Involving Moral Turpitude (Three (3) Breaking & Entering Offenses from the mid-1980s)

Purpose of Entry into U.S.: Business & Pleasure Visits [B1/B2] – Attend business meetings and trainings in the U.S. and vacation to the U.S.; Employment in H-1B, O-1 or TN

SRW Strategy: Evidence of Rehabilitation (no encounters with the law in over twenty-five (25) years, received a pardon for all criminal offenses in 2013, compliance with terms of previous waiver approvals, record of success in personal and professional lives)

Approval Period: Five (5) Years

Canadian Citizen Granted Five Year I-192 Waiver After Complying With All Terms of Previous One Year Waiver Approval

Application Type: I-192, Application for Advance Permission to Enter as Nonimmigrant

Adjudication Time: 104 Days

Adjudicating Agency: Admissibility Review Office (Filed @ Calgary International Airport in Calgary, Alberta)

Grounds of Inadmissibility: INA §212(a)(2)(A)(i)(I) – Conviction for Crime Involving Moral Turpitude (1969 Conviction in Alberta, Canada – Theft of Auto)

Purpose of Entry into U.S.: Business & Pleasure Visits [B1/B2] or Employment in O-1, H-1B, L-1 or TN

SRW Strategy: Evidence of Rehabilitation (no criminal issues since 1969, received a pardon for criminal offense in 1993, compliance with terms of previous one (1) year waiver approval).

Approval Period: Five (5) Years

Another I-192, Application For Advance Permission To Enter As Nonimmigrant, Approved For 5 Years

Application Type: I-192, Application for Advance Permission to Enter as Nonimmigrant

Adjudication Time: 133 Days

Adjudicating Agency: Admissibility Review Office (Filed @ Peace Bridge Port of Entry in Buffalo, New York)

Grounds of Inadmissibility: INA §212(a)(2)(A)(i)(I) – (2) Convictions for Crimes Involving Moral Turpitude from 1988 in Ontario Canada – Possession of Property Obtained by Crime & Theft Under $1,000)

Purpose of Entry into U.S.: Business and Pleasure Visits [B1/B2] or Employment in O-1, H-1B, L-1 or TN

SRW Strategy: Evidence of Rehabilitation (no criminal issues since 1988, compliance with terms of previous waiver approvals).

Approval Period: Five (5) Years