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English USCIS Starts Premium Processing for H-1B Petitions Today June 10th, 2019 Posted By . When filed together under premium processing, USCIS usually approves the I-129 and I-539 together within the 15-calendar day adjudication window, although not obligated to do so. The USCIS recently announced, however, that this practice has been abandoned. As such, I-539 applications are now separated from the I-129 petitions and are no longer eligible for premium processing. Use the start date on your I-20 or DS-2019 for the effective date. For the case types that have not previously had access to premium processing, such as I-539 and I-765 applications, the appropriations act does not set the exact fee or processing times. As a result, I-539 applications will not be eligible for premium processing. For those two nonimmigrant categories, the premium processing fee will be set at $1,500. 8337, an appropriations bill that will expand the availability of premium processing service provided by the United States Citizenship and Immigration Services (USCIS) to a larger pool of applicants for … My spouse is the L1A, his employer filed L1 renewal, I-539/I-765 for me with premium processing on 11/03. Earlier this year, the USCIS introduced a new biometrics requirement for all I-539 applications. Tweet. Therefore, it may take several months or more before the changes become effective. Copyright © 2020, MURTHY LAW FIRM. The cost of Premium Processing is $1,225 and must be paid by the employer unless the request comes from the H-1B status holder and is unrelated to their employment. Duration of Status, Is this application based on an extenslon or c ange o Citizenship and Immigration Services (USCIS) would adjudicate the concurrently-filed I-539 application via premium processing, as well, as a courtesy. Happy Monday! This change comes after USCIS revised form I-539 and published the new form I-539A. More Step 4 – General Processing of I-539 : After the biometrics are complete, then the standard processing of the Form I-539 starts. Requesting Premium Processing for H-1B extensions will have the benefit of shortening the timeline on which the I-539 and I-765 may be approved. Therefore, the USCIS has opted to eliminate the premium processing of these I-539 applications. Because of the new biometrics requirement, which generally takes at least 3 weeks to complete, USCIS cannot meet the required 15-day premium processing timeframe. USCIS will now separate I-539 applications from their I-129 petitions, and process the I-539 applications in the regular processing queue. In the case of immigration benefits for the new premium processing services, the fee for processing will be calculated with a detailed method. Since premium processing is not available for I-539 applications, they will follow the regular processing queue. However, the assumption is that, in the regulation, the USCIS will set the same fee and timeframe for all I-539 applications. Read more here: Premium Processing Fee Increase Effective Oct. 19, 2020. 2.b. Instructions and Help about i-485 premium processing. Based on H1B + H4 Biometrics Experiences, it’s not adjudicated in same 15 days. 3.b. As a courtesy, we strive to quickly process Forms I-539 that are filed together with a Form I-129 or I-140. I/We request that my/our current or requested status be extended until (mm/dd/yyyy) MM Check this box if you were granted or are seekin Check that gou are requesting Duration of Status (D/S). I-539 applications are now entirely separate from I-129 petitions. The processing time for Form I-539 varies depending on which service center handles your petition. The USCIS guarantees that qualifying petitions filed for premium processing will be processed within fifteen (15) calendar days. However, we cannot process a Form I-539 at the same time because that form requires biometrics collection in order to complete the adjudication process. No, I-539 form does not have premium Processing. So, it all varies by service center and not always same Turn them into templates for multiple use, insert fillable fields to gather recipients? All Rights Reserved. In the past, it used to done as courtesy. Heather Sivaraman. The USCIS has always taken the position that premium processing only applies to the principal filing the Form I-129, and processing the I-539 and I-765 is only a courtesy. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Due to this delay, the USCIS cannot adjudicate the I-539 forms within the same premium processing timeframe as form I-129 petitions. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. Several weeks after the I-539 is filed, the applicant is scheduled for a biometrics appointment, and the I-539 cannot be approved until the biometrics is completed. An I-539 petition is the petition used to extend the status of H-4 and L-2 dependents, among other visa types. Applicants must complete form I-539 to extend your status while waiting on a green card Applicants may complete form I-765 with Form I-539. Applicants may travel outside of the United States and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa. The new biometric requirement will most likely deprive the dependent of any premium processing. Leave blank Select this option. The L2 processing times are from USCIS website and they are specifically for I-539 processing. The exact costs and time limits will be determined by the USCIS through the formal rulemaking process, pursuant to the following limitations: While the increased fees may not be ideal, the fact that premium processing service finally will be made available for so many additional types of applications and petitions is welcome news. Tags: i-129, I-539, I-539A, premium processing, uscis. Processing Information l.b. However, it does not qualify for premium processing when filed alone. We kick off the start of a brand new week with very exciting news. New Biometrics Requirement for I-539 Leads to End of Courtesy Premium Processing. Form I-765, which is used to apply for employment authorization documents (EADs). We are happy to report that on October 1, 2020, Congress passed H.R. Here is a breakdown of the new USCIS premium processing time and fees. Good luck to you and I hope this answer has helped you. Rather, USCIS will separate an I-539 application from the I-129 petition and follow the regular I-539 processing time, since I-539 applications are no longer eligible for premium processing. Premium processing for Form I-539 applications concurrently filed with a qualifying I-129 petition were previously processed as a courtesy. My spouse is Canadian, and I have my Chinese passport with Canadian PR. Hire Us. My current EAD is expiring on 3/24/2021. Historically, if the I-129 was filed with a request for premium processing (form I-907), the U.S. Any Form I-907 postmarked on or after Oct. 19 must include the new fee amounts. Please kindly click "Finish by RATING" and choose a rating from the STARS ★★★★★. My L2 … The USCIS guarantees that qualifying petitions filed for premium processing will be processed within fifteen (15) calendar days. USCIS states that the new I-539 biometric requirement takes at least three weeks to complete and therefore cannot meet the 15-day premium processing … 2.a. Try now! Citizenship and Immigration Services (USCIS). It is fairly common for dependents of a nonimmigrant worker to file an application to extend / change nonimmigrant status (form I-539) concurrently with the principal spouse’s petition for a nonimmigrant worker (form I-129). I-539 applications have never been eligible for premium processing but, as mentioned above, generally have been processed under premium processing, when filed concurrently with the principal’s I-129 petition and I-907 request. I-539 applicants are instead separated from an I-129 petition. Standard processing now applies to all I-539 applications, even if filed concurrently with an I-129 that is filed with premium processing. On September 30, 2020, the Continuing Appropriations Act, 2021 and Other Extensions Act was signed into law, funding the federal government through December 11, 2020. In the past, USCIS was processing H4 petitions faster, when the H1B was filed in premium. Form I-539 is required for change or extension of status for certain visa holders and for derivative family members of nonimmigrant visa holders, including H-4 spouses of H-1B workers. Not only will this help to provide funding to the USCIS, it will also help foreign nationals to avoid status issues and gaps in employment authorization in many situations. Reap the benefits of a digital solution to create, edit and sign documents in PDF or Word format online. The premium processing fee for petitioners filing Form I-129 requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500. But, since the introduction of Biometrics process for form I-539, they do not process H4 petitions faster, even if H1B in premium. Most of the key changes to the premium processing service – including the expansion of this service to many additional types of cases – have not yet gone into effect. This made sense, because it was more efficient to review and approve both petitions together. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. USCIS now requires every I-539 applicant pay a biometrics fee and an Application Support Center appointment take place to capture the applicant’s biometrics. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Premium Processing The USCIS did not address their proposed handling of I-539/I-539A applications accompanying principal applications which can be premium processed (such as H-4 applications filed with a premium processed H-1B petition). Copyright © 2019, MURTHY LAW FIRM. Form I-539, Application to Extend/Change Nonimmigrant Status, in itself, is not and was not eligible for Premium Processing; but as a courtesy, USCIS has historically processed a Form I-539 that was filed together with premium processing eligible forms, such as Form I-129, within 15 calendar days. The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. USCIS made this change because it takes approximately three weeks to complete biometrics, which is longer than the 15-day premium processing time-frame. All employment-based nonimmigrant petitions, All I-140 petitions, including for the EB1(c) category and for EB2 national interest waivers (NIWs), both of which have historically not had access to premium processing. Today, June 10, 2019, USCIS will begin premium processing for the remaining fiscal year 2020 H-1B cap-subject petitions. Standard processing now applies to all I-539 applications, even if filed concurrently with an I-129 that is filed with premium processing. I-539 biometrics generally take at least three weeks to be completed, while USCIS’s premium processing is a 15-day timeframe. Biometrics is considered as a pre-requisite to process the general form. There are some lucky cases that may get faster processing. Citizenship and Immigration Services will publish a revised Form I-539 Change/Extension of Status on March 11 and will begin requiring biometrics appointments for applicants. Rather, the law calls for the USCIS to go through the regulatory process to set the required fees. The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. The premium processing fee for I-140 petitions filed for EB1(c) and EB2 NIW cases will be no higher than $2,500, and the processing timeframe will not exceed 45 days. premium processing i-140. With no grace period, the new Form I-539 has a mandatory effective date of March 11, 2019—beginning that day, ... s H-1B or L-1 petition approval and the approval of the applications of H-4 or L-2 dependents, especially when premium processing is used. Work from any gadget and share docs by email or fax. When filed together under premium processing, USCIS usually approves the I-129 and I-539 together within the 15-calendar day adjudication window, although not obligated to do so. Not anymore. USCIS may try to adjudicate faster, but due to Biometrics collection, it may not happen. USCIS announced the change was necessary to accommodate wait time on the biometrics appointments necessary for the Form I-539 adjudication. USCIS’ previous practice of adjudicating the I-539, Application to Extend/Change Nonimmigrant Status, filed with a qualifying I-129 petition under Premium Processing has ended. If you are filing an I-129 as well, yes you can file premium processing. Under the current Administration, USCIS processing times have increased significantly – one of the many additional barriers that have been erected to make legal immigration more burdensome, expensive, and inconvenient. Imposing the additional biometrics requirement for spouses and children filing I-539 applications is a prime example of this, as is the corresponding elimination of the courtesy premium processing service. Premium processing is not available for Form I-539 applications. All Rights Reserved. The USCIS will not need to go through the complete regulatory process to implement these fee increases, so they may be implemented more quickly than the other changes. © 2021 Murthy Law Firm. _ Complete this section. Speak with an ISSS When they use USCIS premium processing service what is USCIS premium processing service on June 1 2001 the US Immigration and Naturalization Service now the US Citizenship and Immigration Services put into place a premium processing service promising the speed of the agencies an application decision process on selected … On March 1, 2019, USCIS reported that I-539 applications filed concurrently with a qualifying I-129 petition will no longer be eligible for premium processing. Part 3. But, it does set limits. Most I-539 petitions are handled in the Vermont Service Center, which typically takes about 12 – 16 months—though it can be as short as 9 months for individuals seeking an extension of stay as a … Included in the bill is a provision that dramatically changes the premium processing service offered by the U.S. information, put and request legally-binding electronic signatures. His L1A extension was approved on 11/13. Currently, when an applicant files Form I-539 concurrently with the Form I-129, Petition for Nonimmigrant Worker, USCIS typically adjudicates them simultaneously. Applicants would get approval, RFE or Denial based on general application processing and documentation. An I-539 for can be filed simultaneously with a qualifying premium processing petition. Some of the service centers have same processing times for H4 and L2, but some processing times have different processing times for H4 and L2. This is due to the fact that the revised Form I-539 now requires a new biometric requirement. Welcome back to Visalawyerblog. © 2021 Murthy Law Firm. Once the changes go into effect, premium processing will be available for all of the following: For the case types that already allow for the use of premium processing, the fee for this service will increase to $2,500, with the exception of petitions filed for H2B or R-1 workers. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. If it is the I-539 alone, then no it does not qualify for premium processing. U.S. Hire Us. Form I-539 applications, which is used to apply for a change or extension of status for most dependents (e.g., H-4, L-2), along with F-1 students, B-1/B-2 visitors, etc. Under the new law, USCIS is directed to expand premium processing to most employment-based application categories, including applications for employment authorization (I-765) and applications to change or extend status (I-539) for the dependents of H-1B, L-1 and other principal nonimmigrant categories.
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