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Premium processing fee increase is Congress’ solution to USCIS financial hardship.

After a federal judge enjoined USCIS from drastically increasing their filing fees a week ago, the fee-funded agency is projecting to be in a financial deficit. However, last week Congress enacted the Continuing Appropriations Act, 2021 and Other Extensions Act to immediately require USCIS to use premium processing at $2,500 for case types it previously charged $1,440. The Act also allows USCIS to set new premium fees without going through the typical regulatory process.

USCIS has resumed premium processing for certain petitions

On May 29, USCIS announced that it had resumed premium processing for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers.

USCIS has adjusted the premium processing fee for some employment-based petitions.

Starting December 2, the premium processing fee will increase from $1,410 to $1,440 for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. The fee was last increased in 2018, and the increase is based on inflation. Premium processing is optional and allows petitioners to request 15-day processing.

USCIS Resumes Premium Processing for H‑1B Petitions Filed on or Before December 21, 2018

USCIS announced that it will resume premium processing on February 19, 2019, for all H‑1B petitions filed on or before December 21, 2018. For pending H‑1Bs that have been transferred, a premium processing request must be submitted to the service center now handling the petition.

DHS to Increase Premium Processing Fee As of October 1

DHS published a final rule in today’s Federal Register increasing the premium processing filing fee by 14.92 percent, changing it from $1,225 to $1,410. The rule is effective October 1, 2018, and applications postmarked on or after that date must include the new fee.

USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

On September 18, 2017, USCIS resumed premium processing for all H-1B petitions subject to the FY 2018 cap. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree. USCIS previously resumed premium processing H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and for certain H-1B petitions that are not subject to the cap. Premium processing remains temporarily suspended for all other H-1B petitions, such as extensions of stay.

USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions

USCIS announced that it has resumed premium processing for certain cap-exempt H-1B petitions, including petitions where the petitioner is an institution of higher education, a nonprofit related to or affiliated with an institution of higher education, or a nonprofit research or governmental research organization. Effective immediately, those cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Nonimmigrant Worker. The Form I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition. USCIS plans to resume premium processing of other H-1B petitions as workloads permit.

Premium Processing for H-1B’s continues

USCIS announced that, starting today, it will resume accepting Form I-907, Request for Premium Processing Service (with an edition date of January 29, 2015), for all H-1B extension of stay petitions. Premium processing for H-1B extensions had been suspended since May 26, 2015, so that USCIS could implement the final rule providing employment authorization for certain H-4 spouses in a timely manner. USCIS clarified that it will accept an I-907 premium processing request on any H-1B extension petition, including pending petitions filed during the premium processing moratorium. If an I-907 was filed and/or received by USCIS prior to July 13, 2015, it will be rejected.

Premium Processing Form Updated

June 1, 2015, USCIS began accepting only the new version of Form I-907, Request for Premium Processing Service, with an edition date of January 29, 2015. Previous editions of the form submitted on or after June 1, 2015, will be rejected.

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