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June 30, 2008
USCIS is Now Accepting Premium Processing Requests for Certain Form
I-140 Petitions
On June 16, 2008, the U.S. Citizenship and Immigration Services
(USCIS) started accepting Form I-907 Premium Processing Service requests
for designated Forms I-140 (Immigrant Petition for Alien Worker) filed
on behalf of beneficiaries in H-1B nonimmigrant status who are reaching
the end of their sixth year of H-1B status. Premium Processing Service
offers 15 calendar-day processing for designated petitions for a
nonrefundable fee of $1000.
USCIS has limited Premium Processing Service to Form I-140 Petitions
filed on behalf of beneficiaries who, as of the date of filing the Form
I-907, Request for Premium Processing:
- Are currently in H-1B status;
- Will reach the end of their sixth year in H-1B status within 60 days;
- Are only eligible for a further extension of H-1B nonimmigrant status
for up to a three-year period under Section 104(c) of the American
Competitiveness in the Twenty-First Century Act of 2000 (AC21) based on
an approved Form I-140 and whose immigrant visa is not immediately
available; and
- Who are ineligible to extend their H-1B status under Section 106(a) of
AC21 based on a Form I-140 Petition or underlying labor certification
that has been pending for at least 365 days.
To qualify for Premium Processing Service, the employer must establish
that the beneficiary of the Form I-140 satisfies these conditions.
Filings that do not clearly meet the conditions will not receive Premium
Processing Service and will be rejected.
USCIS expects that adding other classifications to Premium Processing
Service at this time would exceed USCIS’ capacity to provide timely
Premium Process Service. USCIS will continue to evaluate whether it is
able to process other groups of cases beyond this limited classification
of petitions and will provide notification of any further availability
of Premium Processing Service for Form I-140.
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