Greenspoon Marder Immigration Alert: USCIS Resumes Premium Processing for All H-1B Petitions (Beginning on March 12, 2019)

Mar 12, 2019

USCIS has announced that it will resume premium processing on Tuesday, March 12, 2019 for ALL H-1B petitions. UCSIS has not yet specifically confirmed that premium processing will be available for FY 2020 H-1B cap subject petitions.

When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If USCIS does not take certain adjudicative action within the 15‑calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition.

Please reach out to your Greenspoon Marder LLP representative if you would like to file a Request for Premium Processing for any eligible H-1B petitions.

Impact of New Form I-539 on Premium Processing

As indicated in our previous Immigration Alert, UCSIS has published a new version of the Form I-539, Application To Extend/Change Nonimmigrant Status. As of March 22, 2019, USCIS will only accept the revised Form I-539 with an edition date of 02/04/19. The revised Form I-539 includes the following significant changes:

Signature Required for Every Co-Applicant – Every co-applicant included on the primary applicant’s Form I-539 must submit and sign a separate Form I-539A, which will be available on the Form I-539 webpage on March 11, 2019. Parents or guardians may sign on behalf of children under 14 or for any co-applicant who is not mentally competent to sign.
New Biometrics Fee for Every Applicant and Co-Applicant – Every applicant and co-applicant must pay an additional $85 biometric services fee (Regardless of Age), except certain A, G, and NATO nonimmigrants as noted in the new Form I-539 Instructions to be published on March 11, 2019.
New Biometrics Requirement – Every applicant and co-applicant will receive a biometric services appointment notice, regardless of age, containing their individual receipt number. The biometric services appointments will be scheduled at the Application Support Center (ASC) closest to the primary applicant’s address. Co-applicants who wish to be scheduled at a different ASC location should file a separate Form I-539.

On a recent teleconference, USCIS has indicated that the new biometrics requirement will result in longer processing times for H-4 extensions and H-4 EAD renewals that are concurrently filed with a premium processed H-1B petition. In addition, H-4 legal fees will no longer be waived for concurrently filed petitions.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Immigration Alert: USCIS Resumes Premium Processing for All H-1B Petitions (Beginning on March 12, 2019)

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