Corporate Immigration Law News

On June 10, USCIS began premium processing for all remaining FY 2020 H-1B cap-subject petitions. Starting on that date, petitioners may file Form I-907, Request for Premium Processing Service, with the USCIS service center that is processing their petition.

On March 19, USCIS announced that it would offer premium processing in a two-phased approach during the FY 2020 cap season to best manage premium processing requests without fully suspending it. In the past few years, USCIS suspended all premium processing for H-1B petitions due to high demand. Based on feedback from the public, they are now using this phased approach to benefit petitioners and ensure efficient premium processing. The first phase, which started on May 20, included FY 2020 cap-subject H-1B petitions requesting a change of status and the second phase includes all other FY 2020 cap-subject petitions.

At this time, premium processing for H-1B petitions that are exempt from the cap, such as extension of stay requests, remains available. For additional details visit the USCIS web site here.

If you have questions in connection with any of the foregoing, please do not hesitate to contact Anthony F. Siliato or Scott R. Malyk.

Certain New Zealand nationals can now request a change of status to the E-1 nonimmigrant trader classification and the E-2 nonimmigrant investor classification under Public Law 115-226. Beginning June 10, eligible New Zealand nationals already in the United States in a lawful nonimmigrant status can file Form I-129, Petition for a Nonimmigrant Worker, to request a change of status to E-1 or E-2 classification, or a qualifying employer can file Form I-129 on their behalf. Spouses and unmarried children under 21 years of age of E-1 and E-2 nonimmigrants, and employees who are already in the United States, may also seek to change status to E-1 or E-2 classification as dependents by filing Form I-539, Application to Extend/Change Nonimmigrant Status.

Any Form I-129 and Form I-539 for a New Zealand national requesting a change of status to E-1 or E-2 classification filed prior to June 10, 2019, will be rejected, but may be refiled, together with the required fee, on or after June 10.

The E-1 and E-2 nonimmigrant classifications are open to citizens of countries with which the United States has a treaty of commerce and navigation or similar agreement, and in certain other cases, such as here, where Congress has enacted legislation. E-1 status allows citizens of certain countries to be admitted to the United States solely to engage in international trade on their own behalf. E-1 status is also available to certain employees of such traders or qualifying organizations. E-2 status allows citizens of certain countries to be admitted to the United States when they are investing substantial capital in a U.S. business. E-2 status is also available to certain employees of such investors or qualifying organizations.

For more on the E-1 and E-2 classifications, see our E-1 Treaty Traders page and E-2 Treaty Investors page.

If you have questions in connection with any of the foregoing, please do not hesitate to contact Anthony F. Siliato or Scott R. Malyk.