USCIS

USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions and Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors

Release Date

01/12/2023

U.S. Citizenship and Immigration Services is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

Unlike previous phases of the expansion, this phase applies to new (initial) petitions, in addition to all previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

Petitioners who wish to request premium processing must file Form I-907, Request for Premium Processing Service.

Beginning Jan. 30, 2023, we will accept Form I-907 requests for:

  • All pending E13 multinational executive and manager petitions and E21 NIW petitions; and

  • All initial E13 multinational executive and manager petitions and E21 NIW petitions.

As previously announced, we are expanding premium processing to additional form types as part of our efforts to increase efficiency and reduce burdens to the overall legal immigration system. In March, we will expand premium processing to certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization. In April, we will expand premium processing to F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765. We will announce specific dates for each group in February.

As we implement the expansion of premium processing in a phased approach, we will continue working toward premium processing availability of Form I-539, Application to Extend/Change Nonimmigrant Status. We anticipate expanding premium processing for certain student and exchange visitors with pending Form I-539 applications in May and certain student and exchange visitors who are filing initial Form I-539 applications in June. We will make an announcement when we are ready to implement these phases. We will also adhere to the legislative requirement that the expansion of premium processing does not result in an increase in processing times for immigration benefit requests not designated for premium processing or an increase in regular processing of immigration benefit requests so designated.


U.S.C.I.S. Reverting to the 2008 Version of the Naturalization Civics Test

WASHINGTON— U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.  

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals. 

The 2008 civics test was thoroughly developed over a multi-year period with the input of more than 150 organizations, which included English as a second language experts, educators, and historians, and was piloted before its implementation. USCIS aspires to make the process as accessible as possible as directed by President Biden’s request to review the process thoroughly.

The civics test is administered to applicants who apply for U.S. citizenship through naturalization and is one of the statutory requirements for naturalizing. Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States. The decision to naturalize demonstrates an investment in and commitment to this country. USCIS is committed to administering a test that is an instrument of civic learning and fosters civic integration as part of the test preparation process.

Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test.

USCIS Resumes Premium Processing for Certain Petitions

U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month. 

Effective June 1, 2020, USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions.

Effective June 8, USCIS will accept premium processing requests for: 

  • H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt (for example, petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the numerical allocations). 

  • All other Form I-129 petitions (non H-1B petitions) for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication.

Effective June 15, USCIS plans on resuming premium processing for: 

  • 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).

Effective June 22, USCIS plans on resuming premium processing for all other Form I-129 petitions, including: 

  • 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 and requesting premium processing by filing an I-907 concurrently with their I-129.

All dates are subject to change as USCIS continues to take on more premium processing requests and USCIS will announce any changes to these dates accordingly.

On March 20, USCIS announced the temporary suspension of premium processing for all Form I-129 and I-140 petitions due to the coronavirus (COVID-19). USCIS continues to process any petition with a previously accepted Form I-907, in accordance with the premium processing service criteria. Petitioners who had already filed Form I-129 or Form I-140 using the premium processing service before the March 20 suspension, but received no action and a refund, may refile their Form I-907 consistent with the timeline above, barring any changes USCIS may announce in the future.

USCIS Preparing to Resume Public Services on June 4

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is following the Centers for Disease Control and Prevention’s guidelines to protect our workforce and the public. For the latest information on the status of individual offices, check our office closures page.

While certain offices are temporarily closed, USCIS continues to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.

As services begin to reopen, offices will reduce the number of appointments and interviews to ensure social distancing, allow time for cleaning and reduce waiting room occupancy. Appointment notices will contain information on safety precautions that visitors to USCIS facilities must follow.

If you are feeling sick, please do not go to your appointment. Follow the instructions on your appointment notice to reschedule your appointment for when you are healthy. There is no penalty for rescheduling your appointment if you are sick.

Asylum Offices

USCIS asylum offices will automatically reschedule asylum interviews that were cancelled during the temporary closures. When USCIS reschedules the interview, asylum applicants will receive a new interview notice with the new time, date and location for the interview and information about safety precautions.

In accordance with social distancing guidelines, and due to the length of asylum interviews, asylum offices expect to conduct video-facilitated asylum interviews, where the applicants sit in one room and the interviewing officer sits in another room. Asylum offices will use available technology, including mobile devices provided by the agency, to ensure that the officer, applicant, interpreter and representative can fully and safely participate in the interview while maintaining social distancing.

For affirmative asylum interviews, applicants must bring all immediate family members listed as dependents on the application and an interpreter, if the applicant does not speak English.  Additionally, a representative, witness, individual providing disability accommodations or “trusted adult” if an applicant is a minor, may attend the interview.

For non-detained credible or reasonable fear interviews, individuals must bring any family members listed on the interview notice. Representatives may attend credible and reasonable fear interviews but are encouraged to participate telephonically. USCIS will provide contracted, professional interpreters for credible and reasonable fear interviews.

Naturalization Ceremonies

USCIS will send notices to applicants to reschedule postponed naturalization ceremonies. The ceremonies may be shorter to limit exposure to those in attendance. Instead of playing videos during naturalization ceremonies, attendees will receive a flyer with information and links directing them to the videos on the USCIS website. Under the shortened format, all legally required portions of the ceremony will take place.

Attendance is limited to the naturalization candidate and individuals providing assistance to disabled persons.

Interviews and Appointments

USCIS will send notices to applicants and petitioners with previously scheduled appointments and interviews. Those attending appointments should follow the safety guidelines outlined below.

Those who had other appointments must reschedule through the USCIS Contact Center once field offices are open to the public. Please check our office closure page to see if your respective office has been reopened before calling the Contact Center.  

Visitors are limited to the applicant, one representative, one family member and one individual providing disability accommodations. The applicant should arrange to have their interpreter available by phone. 

Application Support Centers

USCIS will automatically reschedule any necessary ASC appointments that were cancelled due to the temporary office closure. Individuals will receive a new appointment letter in the mail with specific safety requirements. 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. 

Guidelines for Entering USCIS Facilities

  • Visitors may not enter a USCIS facility if they:

    • Have any symptoms of COVID-19, including cough, fever or difficulty breathing;

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

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

  • Visitors may not enter the facility more than 15 minutes prior to their appointment (30 minutes for naturalization ceremonies).

  • Hand sanitizer will be provided for visitors at entry points. 

  • Members of the public must wear facial coverings that cover both the mouth and nose when entering facilities. Visitors may be directed to briefly remove their face covering to confirm identity or take their photograph. There will be markings and physical barriers in the facility; visitors should pay close attention to these signs to ensure they follow social distancing guidelines.

  • Individuals are encouraged to bring their own black or blue ink pens.

More information on visiting USCIS facilities can be found at uscis.gov/visitorpolicy.

USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory

WASHINGTON— U.S. Citizenship and Immigration Services today announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach.

This new operational approach aligns with other visa-availability agency adjudications processes, is more consistent with congressional intent for the EB-5 Immigrant Investor Program, and increases fairness in the administration of the program.

“Changing our approach from a first-in, first-out adjudication process to one that prioritizes petitions connected to individuals from countries where visas are currently available better aligns the EB-5 program with congressional intent and makes it more consistent with other USCIS operations,” said USCIS Deputy Director Mark Koumans. “This new approach increases fairness, allowing qualified EB-5 petitioners from traditionally underrepresented countries to have their petitions approved in a more timely fashion to receive consideration for a visa.”

This operational change is consistent with the agency’s processing of Form I-130, Petition for Alien Relative, in cap-subject categories. The new visa availability approach simply gives priority to petitions where visas are immediately available, or soon available, and will not create legally binding rights or change substantive requirements. Applicants from countries where visas are immediately available will now be better able to use their annual per-country allocation of EB-5 visas. The new visa availability approach will apply to petitions pending as of the effective date of the change. USCIS will implement the visa availability approach on March 31, 2020.

USCIS will hold a public engagement on March 13, 2020, from 11:00 a.m. to noon Eastern, to provide information and answer questions from the public about these operational changes to the management of Form I-526 petition inventory.

USCIS Implements $10 Fee for H-1B Visa Registration

Release Date: Nov. 7, 2019

WASHINGTON—U.S. Citizenship and Immigration Services today announced a final rule that will require a $10 non-refundable fee for each H-1B registration submitted by petitioning employers, once it implements the electronic registration system. The registration fee is part of an agency-wide effort to modernize and more efficiently process applications to live or work in the United States.

The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

Upon implementation of the electronic registration system, petitioners seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, will first have to electronically register with USCIS during a designated registration period, unless the requirement is suspended.

“This effort will help implement a more efficient and effective H-1B cap selection process,” said USCIS Acting Director Ken Cuccinelli. “The electronic registration system is part of an agency-wide initiative to modernize our immigration system while deterring fraud, improving vetting procedures and strengthening program integrity.”

The final rule, Registration Fee Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens, is effective Dec. 9, 2019, and the fee will be required when registrations are submitted. USCIS is fee-funded, and this non-refundable fee will support the new electronic registration system to make the H-1B cap selection process more efficient for both petitioners and the agency.

USCIS is slated to implement the registration process for the fiscal year 2021 H-1B cap selection process, pending completed testing of the system. The agency will announce the implementation timeframe and initial registration period in the Federal Register once a formal decision has been made, and USCIS will offer ample notice to the public in advance of implementing the registration requirement.

USCIS published a notice of proposed rulemaking highlighting a registration fee on Sept. 4, 2019, which included a 30-day public comment period. USCIS received only 22 comments during that time, and has considered all submissions and offered public responses ahead of announcing the final rule, which is effective on Dec. 9.

Premium Processing Fee Increase

WASHINGTON — Today, U.S. Citizenship and Immigration Services announced beginning on Nov. 29, it is adjusting the fee to request premium processing for certain employment-based petitions.

The premium processing fee will increase to $1,440 from the current fee of $1,410 for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. This increase, which is done in accordance with the Immigration and Nationality Act, reflects the full amount of inflation from the implementation of the premium processing fee in June 2001 through August 2019 based on the Consumer Price Index for all Urban Consumers (CPI-U). USCIS last increased the fee in 2018.

Premium processing is an optional service currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of these forms if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees. It cannot be waived.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook (/uscis).

H-1B Cap Has Been Reached for Fiscal Year 2020

April 5, 2019

USCIS has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if we have received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap.

The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2020 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;

  • Change the terms of employment for current H-1B workers;

  • Allow current H-1B workers to change employers; and

  • Allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations. We encourage H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B Fiscal Year (FY) 2020 Cap Season page.

USCIS Completes the H-1B Cap Random Selection Process for FY 2019

On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2019.

USCIS received 190,098 H-1B petitions during the filing period, which began April 2, including petitions filed for the advanced degree exemption. USCIS announced on April 6, that it had received enough H-1B petitions to reach the statutory cap of 65,000 and the master’s cap of 20,000. USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing.

 

USCIS to Expand In-Person Interview Requirements for Certain Permanent Residency Applicants

U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.
 
Effective Oct. 1, USCIS will begin to phase-in interviews for the following:
 
• Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).
 
• Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.
 
Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types. 
 
“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”