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Congress Passes Bill Expanding Premium Processing to EADs, I-539 Applications, and Additional Employment Based Categories

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Happy Monday! Welcome again to Visalawyerblog. We kick off the beginning of a kind new week with very thrilling information.

We are blissful to report that on October 1, 2020, Congress handed H.R. 8337, an appropriations invoice that may develop the supply of premium processing service offered by the United States Citizenship and Immigration Services (USCIS) to a bigger pool of candidates for immigration advantages.

The laws requires growth of premium processing to most employment-based immigration functions and probably all USCIS advantages. This transfer may show enormously helpful particularly in the course of the Coronavirus pandemic to assist transfer instances alongside extra shortly than ever earlier than. Applicants who request an employment authorization doc (EAD) for instance can search premium processing service together with their functions, permitting for EADs to be issued inside 15 calendar days.

During this pandemic, the processing of EAD functions has slowed considerably with most taking a minimum of 7 months or longer to be issued. This new laws will dramatically enhance processing occasions for these which might be inclined to pay for premium processing service.

Before H.R. 8337, USCIS allowed sure employment-based petitioners to request premium processing service for E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ (blanket L-1), O-1, O-2, P-1, P-2, P-3, Q-1, R-1, TN-1 and TN-2 functions for a payment of $1,440 with under guarantee processing of functions inside 15 calendar days. For immigrant petitions, premium processing was obtainable, with sure exceptions, for the employment-based first, second and third preferences (EB-1, EB-2 and EB-3).


What sorts of petitions will profit from the growth of premium processing service?

The new laws will now enable premium processing service for:

(A) employment-based nonimmigrant petitions and related functions for dependents of the beneficiaries of such petitions;

(B) employment-based immigrant petitions filed by or on behalf of aliens described in paragraph (1), (2), or (3) of part 203(b); [the first three employment-based preferences]

(C) functions to vary or prolong nonimmigrant standing;

(D) functions for employment authorization; and

(E) every other immigration profit sort that the Secretary deems applicable for premium processing.


What will likely be the price of premium processing for these new case varieties?

For immigration profit varieties eligible for premium processing service on or earlier than August 1, 2020, the payment will likely be $2,500, apart from the H-2B or R classes, which can have a $1,500 payment. The laws doesn’t point out a change within the 15-calendar-day processing time for classes obtainable for premium processing previous to the passage of H.R. 8337.

For immigration profit varieties that didn’t beforehand have premium processing, the laws states the payment will likely be established by regulation utilizing an in depth methodology.


Fees and Processing Timeframes

The laws outlines the utmost prices and timeframes for processing in keeping with profit varieties that may now be eligible for premium processing.

–         EB-1, EB-2 NIW: For multinational executives and managers under EB-1 and members of professions with higher level levels or distinctive means looking for a National Interest Waiver under EB-2, “the fee is set at an amount not greater than $2,500 and the required processing timeframe is not greater than 45 days.”

–         F, J, M Categories: For a person altering standing to the F, J or M classes, “the fee is set at an amount not greater than $1,750 and the required processing timeframe is not greater than 30 days.”

–         Change of Status Dependents E, H, L, O, P, R: For overseas nationals looking for to vary standing to be categorized as a dependent in E, H, L, O, P or R classes, or to increase such standing, “the fee is set at an amount not greater than $1,750 and the required processing timeframe is not greater than 30 days.”

–        EADs: For functions for employment authorization, “the fee is set at an amount not greater than $1,500 and the required processing timeframe is not greater than 30 days.”

The laws notes, “The required processing timeframe for each of the applications and petitions . . . shall not commence until the date that all prerequisites for adjudication are received by the Secretary of Homeland Security.” USCIS is admonished to not enable an “increase in processing times for immigration benefit requests not designated for premium processing.”


What’s subsequent?

The laws requires the Secretary of Homeland Security to report back to Congress inside 180 days on a 5-year plan to: “1) Establish electronic filing procedures for all applications and petitions for immigration benefits. (2) Accept electronic payment of fees at all filing locations. (3) Issue correspondence, including decisions, requests for evidence, and notices of intent to deny, to immigration benefit requestors electronically and (4) Improve processing times for all immigration and naturalization benefit requests.”

Within the approaching weeks, we count on USCIS to replace its premium processing webpage and supply additional steering concerning the supply of providers for the classifications described above.

We imagine that the growth of premium processing service to further profit requests is important given the lengthy ready durations for a lot of sorts of functions. The new transfer affords a rising variety of employers and people the chance to pay extra for quicker service, whereas on the identical time injecting much wanted capital into the company.


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