February 26, 2009

USCIS Expands Premium Processing Services For Certain Immigrant Visa Petitions (Form I-140)

USCIS has announced that beginning March 2, 2009, the agency is expanding the Premium Processing Services for designated immigrant visa petitions to include beneficiaries who have reached or will reach six year limitation of stay in H-1B non-immigrant status. According to the news release expanded services will affect those H-1B beneficiaries who as of the date of filing of the form I-907 (Premium Process Request):

• Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;
• Are only eligible for a further H-1B extensions under Section 104(c) of AC 21 only upon approval of their Form I-140 and an immigrant visa is not immediately available; and
• Are ineligible to receive 1 year H-1B extensions under Sec. 106(a) of AC 21 [that is 365 days or more has NOT passed since the filing of labor certification application or immigrant visa petition];

Note: E-filing is not available. The fee for the service is $1,000 and the 15 calendar day processing time period for the request will start on the date the complete premium processing request is received at the correct service center All requests for premium processing must be submitted (mailed) with the right Service Center with documentation that must include:

• Copies of all Forms I-94, Arrival/Departure Record and I-797 H-1B or L approval notices that have been issued on beneficiary’s behalf;
• A copy of the relating Form I-140 petition receipt notice if the form was previously filed; and,
• A copy of the labor certification approval letter issued by the Department of Labor, if filing under the EB-2 (Members of Professions with Advanced Degrees or Exceptional Ability Not Seeking a National Interest Waiver) or EB-3 classifications (Professionals, Skilled workers or Other Workers)

USCIS notice does not cover the following situations:

• A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
• Labor certification substitution requests; and
• Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of Labor).