USCIS Announces Premium Processing Will Resume in a Phased Approach in June

Today, the United States Citizenship and Immigration Service (USCIS) announced that, starting next week, it will resume premium processing service for certain nonimmigrant and immigrant petitions. The schedule for resumption of premium processing service, which is subject to change, is as follows:

June 1, 2020 - Premium processing to resume for all pending and newly filed I-140 petitions

June 8, 2020 - Premium processing to resume for:

• Pending cap-exempt H-1B petitions filed before June 8, 2020 (including cap-exempt petitioners and petitions for beneficiaries already counted against the H-1B cap including pending extensions and change of employer requests).

• All other pending I-129 petitions for nonimmigrant classification that are eligible for premium processing (e.g., L-1, O-1, E-2, TN).

June 15, 2020 - Premium processing to resume for:

• Newly filed H-1B cap-exempt petitions, which can be filed with a concurrent request for premium processing where cap-exemption is based on either:

  • The Petitioner being a cap-exempt institution; OR

  • The beneficiary being cap-exempt based on a Conrad/IGA waiver under section 214(l) of the Immigration and Nationality Act (INA).

June 22, 2020 - Premium processing to resume for all other Form I-129 petitions, including:

• All FY2021 cap-subject petitions (including upgrades for pending cases and concurrent premium processing request for newly submitted petitions)

• All other newly filed I-129 petitions for nonimmigrant classification that are eligible for premium processing (e.g., L-1, O-1, E-2, TN and remaining H-1B petitions).

As noted above, USCIS has stated that all dates are subject to change.

D&S will continue to monitor the situation and provide updates as they become available.

Department of State June 2020 Visa Bulletin Summary

The Department of State has released the June 2020 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. As of today, May 21, 2020, USCIS has not yet advised whether, in June 2020, it will once again accept adjustment of status applications for employment-based petitions based on the bulletin’s Final Action Dates, as it has in May.

With respect to Employment Based (EB) Final Action Dates, all EB-1 countries of chargeability, except India and China, will remain current. EB-1 China will advance one month to August 15, 2017 and EB-1 India will advance over ten months to June 8, 2016. With the exception of India and China, all other EB-2 countries of chargeability remain current. EB-2 China will advance one month to November 1, 2015, and EB-2 India will advance ten days to June 12, 2009. All EB-3 categories except India and China will advance just over ten months to November 8, 2017. EB-3 China will advance one month to June 15, 2016, and EB-3 India will advance one month to April 1, 2009.

EB-5 Non-Regional Center and EB-5 Regional Center Final Action Dates remain current with the exception of China, India, and Vietnam. EB-5 China will advance two weeks to July 15, 2015, while EB-5 India will advance three months to January 1, 2020, and EB-5 Vietnam will advance three weeks to April 22, 2017. Application Filing Dates for EB-1, EB-2, EB-3, and EB-5 categories remain unchanged from May.

Department of State May 2020 Visa Bulletin Summary

The Department of State has released the May 2020 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that in May 2020, it will once again accept adjustment of status applications for employment-based petitions based on the May Bulletin’s final action dates, as it did in April. For family based petitions, adjustment of status applications will be accepted based on dates of filing, except for the F2A category, which will be based on final action dates.

With respect to Employment Based (EB) Final Action Dates, all EB-1 countries of chargeability, except India and China, will become current. EB-1 China will advance five weeks to July 15, 2017 and EB-1 India will advance three months to August 1, 2015. With the exception of India and China, all other EB-2 countries of chargeability remain current. EB-2 China will advance one month to October 1, 2015, and EB-2 India will advance one week to June 2, 2009. All EB-3 categories except India and China will remain unchanged at January 1, 2017. EB-3 China will advance one month to May 15, 2016, and EB-3 India will advance over a month to March 1, 2009.

EB-5 Non-Regional Center and EB-5 Regional Center Final Action Dates remain current with the exception of China, India, and Vietnam. EB-5 China will advance one and a half months to July 1, 2015, while EB-5 India will advance nine months to October 1, 2019, and EB-5 Vietnam will advance over a month and a half to April 1, 2017.

With respect to Employment Based (EB) Application Filing Dates, dates for EB-1, EB-2 and EB-5 categories remain unchanged from April. Filing dates for all EB-3 countries of chargeability, except India and China, will advance three months to April 1, 2019. EB-3 China and India will remain unchanged at March 1, 2017 and February 1, 2010, respectively.

USCIS Targets June 4, 2020 As Earliest Date for Reopening of In-Person Services

Today, USCIS announced that they are preparing to reopen in-person services on or after June 4, 2020. In doing so USCIS has pushed back its previous targeted reopening date of May 7th. These in-person services include application support center (ASC) biometrics, naturalization ceremonies, InfoPass appointments, and adjustment of status and naturalization interviews.

USCIS has noted that once normal operations have resumed it will automatically reschedule ASC appointments. Those with InfoPass an other field office appointments such as adjustment of status and naturalization interviews, must reschedule using the USCIS Contact Center once field offices are open to the public again.

Executive Order Temporarily Halting U.S. Immigration

Late last night President Trump tweeted that he would be issuing an Executive Order (EO) temporarily banning all new immigration to the U.S. Despite some speculation as to the content of the EO, we won't definitively know the nature, scope, and timing of the ban until the EO is released. D&S is monitoring this very closely and will provide an update once any new information is made available by the government.

Update: In his daily briefing this evening, Trump has said that the EO will suspend immigration for 60 days and will apply only to those seeking Permanent Residence, not to those on nonimmigrant visas. We continue to await the actual EO, which the President has indicated should be drafted and signed tomorrow (April 22) and will provide updated information at that time.

USCIS Announces Delays in Receiving and Receipting FY2021 H-1B Cap Petitions

Today USCIS announced that due to operational interruptions it is experiencing as a result of the health and safety protocols it is following in response to the COVID-19 pandemic, data entry and receipting for all FY2021 H-1B cap subject petitions will be delays until at least May 1, 2020. USCIS has indicated that once data entry begins, the agency will complete intake processing on a first-in, first-out basis. It confirmed that petitions will be stamped as received on the date they arrive at the service center and, if otherwise properly filed, will retain the receipt date that corresponds with the date the petition is received at the service center.

USCIS further confirmed that this announcement does not change the 90-day filing window provided on the initial registration notices. USCIS requested that petitioners refrain from inquiring on cases until they have received a filing receipt and further noted that some petitions may be transferred to other service centers to balance workloads but that petitioners should still submit their petitions at the service center indicated on their registration notice.

D&S will continue to monitor this situation and provide updates as they become available.

USCIS Announces FY2021 Electronic Registration Selection is Complete

Today the United States Citizenship and Immigration Service (USCIS) announced that it has received a sufficient number of FY 2021 H-1B Cap registrations to meet the annual H-1B quota. As such, they have run the random selection process and will notify petitioners with selected registrations by March 31, 2020. By this date, petitioners and representatives will be able to log into their myUSCIS.gov accounts to see the status of the registrations they submitted. Cases that have been selected will have their status updated to “Selected” and cases that have not been selected will continue to show as “Submitted” as USCIS has indicated that it will keep all registrations available and open until the end of the fiscal year and, in the event that additional visa numbers become available (due to denials, withdrawals, failure to file after selection), USCIS may go back in and randomly select additional cases for processing, though they have not provided additional details about that process at this time.

Note that USCIS will only indicate that a registration has been “denied” in the event that it has discovered a duplicate registration was submitted by the same registrant for the same beneficiary, or a payment method was declined and not reconciled.

USCIS Announces Flexibility in RFE and NOID Deadlines Due to COVID-19 Pandemic

Today, the United States Citizenship and Immigration Service (USCIS) announced that it would provide extra flexibility with respect to deadlines for submitting Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). More specifically, while Petitioners are typically given between 30 and 84 days to response to RFEs and NOIDs, USCIS has stated that for RFEs and NOIDs dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the initial response deadline will be considered by USCIS before any action is taken. 

What this appears to mean is that so long as RFEs and NOIDs are filed within 60 days of the initial response deadline, USCIS will not consider the late filing, alone, as a basis for denying the petition for failure to timely respond to an RFE or NOID.

UPDATE: On March 30, 2020, USCIS announced that it would also extend the same deadline flexibility to Notices of Intent to Terminate (NOITs) regional investment centers and Notices of Intent to Revoke (NOIRs). In addition, Form I-290B motions and appeals received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action. This will apply to relevant filings where the issuance date listed on the request, notice, or decision is between March 1, 2020 and May 1, 2020, inclusive. 

UPDATE: On May 1, 2020, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1 and July 1, 2020, inclusive. 

UPDATE: On July 1, 2020, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1 and September 11, 2020 inclusive. 

UPDATE: On September 11, 2020, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020, and January 31, 2021 inclusive. 

UPDATE: On January 27, 2021, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020 and March 31, 2021 inclusive. 

UPDATE: On March 24, 2021, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020 and June 30, 2021 inclusive.

UPDATE: On June 24, 2021, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020 and September 30, 2021 inclusive.

USCIS Announces Temporary Suspension of Premium Processing for FY2021 H-1B Cap Petitions

Today the United States Citizenship and Immigration Service (USCIS) announced that premium processing service for Fiscal Year (FY) 2021 H-1B cap petitions would be temporarily suspended. As with past years, USCIS will resume premium processing in two phases. USCIS will initially resume premium processing for FY2021 cap-subject H-1B petitions requesting a change of status from F-1 nonimmigrant status no later than May 27, 2020, and will notify the public before premium processing resumes for these petitions. The earliest date that USCIS will resume premium processing for all other FY2021 cap-subject H-1B petitions is June 29, 2020. At this time, USCIS has confirmed that premium processing remains available for all other cap-exempt H-1B petitions, such as extension of stay requests.

D&S will continue to monitor the situation and provide updates as they become available.

Department of State April 2020 Visa Bulletin Summary

The Department of State has released the April 2020 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. As of today, USCIS has not yet advised whether, in April 2020, it will once again accept adjustment of status applications for both employment-based and family-based petitions based on the April Bulletin’s application filing dates, as it has for most categories for the past several months. The April Bulletin’s application filing dates for all categories will remain unchanged from the March Bulletin.

With respect to Employment Based (EB) Final Action Dates, all EB-1 countries of chargeability, except India and China, will advance three months to June 1, 2019. EB-1 China will advance one week to June 8, 2017 and EB-1 India will advance two months to May 1, 2015. With the exception of India and China, all other EB-2 countries of chargeability remain current. EB-2 China will advance two weeks to September 1, 2015, and EB-2 India will advance by just three days to May 25, 2009. All EB-3 categories except India and China will remain unchanged at January 1, 2017. EB-3 China will advance three weeks to April 15, 2016, and EB-3 India will advance one week to January 22, 2009.

EB-5 Non-Regional Center and EB-5 Regional Center Final Action Dates remain current with the exception of China, India and Vietnam. EB-5 China will remain unchanged at May 15, 2015, while EB-5 India will advance over two months to January 1, 2019, and EB-5 Vietnam will advance over three weeks to February 8, 2017.

Trump Administration Expands Travel Suspension to UK and Ireland

President Trump has announced an expanded ban on travel to the U.S. for foreign nationals who, within a 14-day period preceding their entry to the U.S., were physically present in the U.K. or Ireland. The suspension will become effective as of 11:59 pm (ET) on Monday, March 16, 2020 and is an expansion of the ban on travel for foreign nationals present in any of the 26 countries in Europe which comprise the Schengen Area. Like the prior ban, the measure, which is in response to the COVID-19 pandemic, does not apply to United States Citizens (USCs), Lawful Permanent Residents (LPRs), and certain family members of USCs and LPRs.

D&S is closely monitoring this and will provide additional updates as new information becomes available.

U.S. Suspends Travel From Europe

President Trump has announced a ban on travel to the U.S. for foreign nationals who, within a 14-day period preceding their entry to the U.S., were physically present in any of the 26 countries in Europe which comprise the Schengen Area. The suspension will become effective as of 11:59 pm (ET) on Friday March 13, 2020 and is expected to remain in effect for at least 30 days and until terminated by the President. The measure, which is in response to the COVID-19 pandemic, contains exceptions, and does not apply to United States Citizens (USCs), Lawful Permanent Residents (LPRs), and certain family members of USCs and LPRs. The ban also exempts persons on board a flight to the U.S. that departed prior to suspension becoming effective.

D&S is closely monitoring this and will provide additional updates as new information becomes available.

Department of State March 2020 Visa Bulletin Summary

The Department of State has released the March 2020 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. Today, February 19, 2020, USCIS advised that in March 2020, it will once again accept adjustment of status applications for both employment-based and family-based petitions based on the March Bulletin’s application filing dates, with the exception of F2A, which can rely on Final Actions dates to determine filing eligibility. In addition, USCIS has instructed that because Vietnam is not listed on the Dates for Filing chart, adjustment applicants from Vietnam should use the worldwide dates for determining filing eligibility.

With respect to Employment Based (EB) Final Action Dates, all EB-1 countries of chargeability, except India and China, will advance three months to March 1, 2019. EB-1 China will advance one week to June 1, 2017 and EB-1 India will advance 2 months to March 1, 2015. With the exception of India and China, all other EB-2 countries of chargeability remain current. EB-2 China will advance one month to August 15, 2015, and EB-2 India will advance by just three days to May 22, 2009. All EB-3 categories except India and China will have a priority date of January 1, 2017 imposed starting in March (all, with the exception of the Philippines, had been current prior to this). EB-3 China will advance 15 weeks to March 22, 2016, EB-3 India will advance one week to January 5, 2009.

EB-5 Non-Regional Center and EB-5 Regional Center Final Action Dates remain current with the exception of China, India and Vietnam. EB-5 China advanced 5.5 months to May 15, 2015, EB-5 India advanced just under two months to October 22, 2018, and EB-5 Vietnam advanced one month to January 15, 2017.

With respect to Application Filing Dates most categories remain unchanged with the exception of EB-5 China with progressed seven months to December 15, 2015.

USCIS Announces Processing Change to I-526 Petitions

Today, the United States Citizenship and Immigration Service (“USCIS”) announced that it will be changing the way in which it adjudicates I-526 Immigrant Petitions for Alien Entrepreneurs (i.e., immigrant visa petitions based on an investment under the EB-5 program). While historically, the service has used a first-in, first-out basis for these petitions, as of March 31, 2020, it will switch to a "visa availability" approach.

This change will apply to all cases pending as of March 31, 2020, and will result in USCIS prioritizing adjudication of petitions connected to individuals from countries where visas are currently available or will soon be available. USCIS currently employs this approach in other contexts, including the adjudication of certain I-130 Immigrant Petitions for Alien Relative. The stated reasons for the change were both ones of fairness and of better enabling applicants from countries where visas are immediately available to use their annual per-country allocation of EB-5 visas. The announcement made clear that this was a change in adjudication procedures only and did not create legally binding rights or change substantive requirements.

D&S will continue to monitor this developing situation and provide updates as they become available.

Department of State February 2020 Visa Bulletin Summary

The Department of State has released the February 2020 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. As of today, January 22, 2020, USCIS has not yet advised whether, in February 2020, it will once again accept adjustment of status applications for both employment-based and family-based petitions based on the February Bulletin’s application filing dates, as it has for most categories for the past few months.

With respect to Final Action Dates, all EB-1 countries of chargeability, except India and China, will advance two months to December 1, 2018. EB-1 China and EB-1 India will remain unchanged at May 22, 2017 and January 1, 2015 respectively. With the exception of India and China, all other EB-2 countries of chargeability remain current. EB-2 China will advance two weeks to July 15, 2015, and EB-2 India will advance by just one day to May 19, 2009. EB-3 China will advance one month to January 1, 2016, EB-3 India will advance one week to January 8, 2009, and EB-3 Philippines will advance two and a half months to June 1, 2018. All other EB-3 countries of chargeability will remain current.

In December 2019, President Trump signed a law extending the EB-5 Regional Center Program through September 30, 2020. As such, EB-5 Non-Regional Center and EB-5 Regional Center final action dates are current with the exception of China, India and Vietnam. EB-5 China is backlogged at December 1, 2014, EB-5 India at September 1, 2018, and EB-5 Vietnam at December 15, 2016.

Application Filing Dates will remain unchanged from January 2020.