USCIS Announces Return of Premium Processing

After more than two months, USCIS will begin resuming premium processing for certain petitions. According to an announcement made on May 29, 2020, it will be done in phases during the month of June. USCIS will resume accepting Form I-907, Request for Premium Processing Service, on the following dates as included in the agency’s newly-issued guidance:

Starting June 1: USCIS will first begin accepting requests for premium processing for all eligible Form I-140 petitions.

Starting June 8:

• H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt.

• All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication.

Starting June 15:

• H-1B petitions requesting premium processing by filing an I-907 concurrently with their I-129 (or request for a petition filed on or after June 8) and are exempt from the cap because: 

• The employer is cap-exempt or because the beneficiary will be employed at a qualifying cap-exempt institution, entity or organization (such as an institution of higher education, a nonprofit research organization or a governmental research organization); or 

• The beneficiary is cap-exempt based on a Conrad/IGA waiver under INA section 214(l).

Starting June 22: All other Form I-129 petitions, which include:

• All H-1B cap-subject petitions (including those for fiscal year 2021), including change of status from F-1 nonimmigrant status, for both premium processing upgrades and concurrently filed I-907s. 

• All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing.

For I-129 and I-140 petitions filed using premium processing prior to the March 20, 2020 suspension due to COVID-19 that did not receive action (and were refunded), petitioners may refile according to the timeline issued above. USCIS does note that the dates are subject to change and that any amendments to the timeline will be announced.

For those who require assistance with a petition that needs to be filed – or refiled – using premium processing, please contact Serotte Reich.

USCIS offices begin reopening June 4, with COVID-related changes

USCIS is now readying offices to reopen on or after June 4, 2020. Some domestic offices will be resuming routine in-person services at field offices, asylum offices and application support centers (ASCs) that have been suspended since March 18, 2020 due to the COVID-19 pandemic. According to the announcement made by USCIS, there will be some adjustments made to protect the public and employees from potential COVID infection.

Among the changes are reduced number of appointments and interviews to allow for social distancing and time for cleaning between appointments. Facial coverings that cover both the mouth and nose must be worn by members of the public when entering facilities. Hand sanitizer will be provided at entry points and individuals are encouraged to bring their own pens. The waiting room capacity will be reduced, with limitations on how early individuals will be able to enter the facility prior to their appointments (15 minutes, or for naturalization ceremonies, 30 minutes). Appointment notices will contain information on safety precautions that visitors to USCIS facilities must follow.

USCIS will not permit visitors to enter the facility if any of the following apply:

• They have symptoms of COVID-19, including cough, fever or difficulty breathing;

• They have been in close contact with anyone known or suspected to have COVID-19 in the last 14 days; or

• They have been individually directed to self-quarantine or self-isolate by a health care provider or public health official within the last 14 days.

USCIS urges anyone who is sick or starting to experience any symptoms to cancel and reschedule their appointment. Applicants will not be penalized for rescheduling an appointment due to illness and can make a new appointment once they are healthy again. An officer may cancel an appointment or interview if the applicant (or someone accompanying the applicant) appears ill.

As changes continue to occur quickly, USCIS directs individuals to check its website dedicated to announcements regarding office closures on the day of their appointment for any updates or important information.

For those who had interviews, naturalization ceremonies and appointments cancelled due to office closures, USCIS will be rescheduling the appointments automatic ally and will send notices to applicants and petitioners with their new appointment date. For necessary ASC appointments that are rescheduled (such as biometrics), USCIS notes that “Individuals who appear at a date or time other than what is listed on the ASC appointment notice may encounter significant processing delays, except for military members.”

Serotte Reich will be continuing to provide updates as new developments affecting immigration continue to occur frequently during the COVID-19 pandemic. Please contact our office via our website or by phone at (716) 854-7525 to schedule a consultation if you have an immigration matter that has been affected by the pandemic and have questions or require assistance.

USCIS issues additional policy changes / extensions to deadlines

In the wake of the COVID-19 pandemic, USCIS is making temporary adjustments to some of their rules and regulations in the interest of public safety. USCIS will be reusing previously submitted biometrics to process pending EAD applications due to the provisional suspension of routine in-person services at Application Support Centers. This is a one-time exception and only applies to applicants who meet the following criteria: for extensions only (no initial EAD applications); those who have already filed for an extension of work authorization (Form I-765); those who had biometrics appointments scheduled on or following March 18, 2020.

At this time, USCIS will not be reusing previously captured biometrics for other applications or waiving the requirement for a new appointment. Field offices are currently closed to the public through May 3.

USCIS has also announced that deadlines will be extended for responses to Requests for Evidence (RFE), Notice of Intent to Deny (NOID); Notice of Intent to Revoke (NOIR); and Notice of Intent to Terminate. Documents may be submitted up to 60 days after the previously determined deadline in response to the above-listed notices issued between March 1 and May 1, 2020.

As the spread of COVID-19 continues, USCIS has continued to modify its policies on a temporary basis. Serotte Reich will continue to report updates as the situation develops. Those with questions about the impact of these changes on the processing of their applications may contact Serotte Reich at 716-854-7525 or www.srwborderlawyers.com/contact.

USCIS extends office closures to May 3

U.S. Citizenship and Immigration Services has announced that its temporary suspension of in-person services at field offices, asylum offices and application support centers will now continue through May 3, 2020. This is an extension of the office closures previously announced by USCIS in an effort to slow the spread of COVID-19, which had been anticipated to last until early April. According to the most recent press release, offices will start to reopen May 4 unless the public closures are extended further. Operations at USCIS offices that do not involve in-person contact with the public continue, but are limited to performing services that are deemed mission-essential as well as emergency services upon discretion.

Appointments originally scheduled for dates during the office closures will be automatically rescheduled when USCIS resumes normal operations. These include biometrics appointments, interviews, naturalization ceremonies and asylum appointments. Notices will be sent to applicants and petitioners with appointments affected by the temporary suspension of in-person services. New appointment notices will be sent by mail. InfoPass appointments are also canceled but in order to have it rescheduled, individuals must go through the USCIS Contact Center by calling 1-800-375-5283 to set up a new appointment upon the reopening of offices to the public.

Between now and at least May 3, USCIS in-person public engagements and outreach events are also postponed. Those with questions pertaining to these engagements are directed to contact public.engagement@uscis.dhs.gov.

 Applicants and petitioners should note that office closures have already been extended more than once – first effective March 18 to April 1, and an additional extension to April 7 was announced on March 25, 2020. Updates regarding USCIS services impacted by the COVID-19 pandemic can be found at uscis.gov/coronavirus.