USCIS Offers Premium Processing Service for Certain Form I-140
Petitions Starting June 16, 2008
By: Allen E. Kaye
U.S. Citizenship and Immigration Services
(USCIS) will make available Premium Processing Service for
designated Form I-140 petitions1 (Immigrant Petition for
Alien Worker) filed for alien workers in H-1B nonimmigrant
status who are reaching the end of their sixth year in H-1B
nonimmigrant status. Starting on June 16, 2008, USCIS will
begin accepting Form I-907, Request for Premium Processing
Service, for Forms I-140 filed for alien beneficiaries who,
as of the date of filing the Form I-907:
-
Are currently in H-1B nonimmigrant status;
-
Will reach the end of their 6th year of
their H-1B nonimmigrant stay in 60 days;
-
Are only eligible for a further H-1B extension
under AC21 §104(c)2 upon approval of their Form I-140
petition; and
-
Are ineligible to extend their H-1B status
under AC21 §106(a).
Under the Premium Processing Program, USCIS
may place such conditions of availability for the service.
See 8 CFR 103.2(f)(2). The petitioner must establish that
the Form I-140 for which the Form I-907 is filed satisfies
these conditions. Filings that do not clearly meet the conditions
may not receive Premium Processing Service and will be rejected
as described below.
-
To facilitate USCIS’s determination
of whether a particular filing meets the conditions, petitioners
can submit:
-
A copy of the alien beneficiary’s
Form I-94, Arrival/Departure Record, reflecting current
H-1B nonimmigrant status;
-
Copies of all Forms I-94, Arrival/Departure
Record and I-797 H-1B or L approval notices that have
been issued on his or her behalf;
-
A copy of the relating Form I-140 petition
receipt notice, if the Form I-140 was previously filed;
and,
-
A copy of the labor certification approval
letter issued by the Department of Labor, if filing under
EB-2 or EB-3 classifications.
-
Form I-907 Premium Processing Service
requests will be rejected and returned with the I-907
fee, and the Form I-140 petition will be processed
according to standard procedures if the Form I-907
is:
-
Submitted without documentation establishing
the conditions for availability noted above; or
-
Incorrectly submitted concurrently
with a Form I-140 petition at a USCIS office without
geographic jurisdiction over the Form I-140 petition;
or
-
Submitted to request Premium Processing
Service for a Form I-140 petition filed for an alien
beneficiary who is eligible to extend his or her H-1B
nonimmigrant status under AC21 §106(a) as of
the date that the Form I-907 is received by USCIS.
USCIS will accept Form I-907 either together
with the Form I-140 petition or after the filing of the
Form I-140 petition through the mail or delivery service
only. E-filing for Form I-907 will not be available.
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.
The Premium Processing Service guarantees
petitioners that, within 15 calendar days of receipt of
a petition, USCIS will either issue an approval or denial
notice, a notice of intent to deny, a request for evidence,
or a notice of investigation for fraud or misrepresentation.
Information about Premium Processing Service is available
on this website, or by calling the USCIS National Customer
Service Center toll free at 1-800-375-5283.
USCIS previously designated Premium Processing Service for
I-140 petitions involving:
-
EB-1 Aliens with Extraordinary Ability
and EB-1, Outstanding Professors and Researchers;
-
EB-2, Members of Professions with Advanced
degrees or Exceptional ability (not seeking a National
Interest Waiver), and;
-
EB-3 Professionals, EB-3 Skilled Workers
and EB-3, Other workers.
See 71 FR 29662 (May 23, 2006).
The Public Law known as the American Competitiveness in the
Twenty-first Century Act of 2000 (AC 21) permits up to a three-year
extension of stay for an H-1B nonimmigrant alien, provided
he or she is the beneficiary of an approved Form I-140 petition
and otherwise eligible for lawful permanent resident status
except that the employment-based preference visa is unavailable.
USCIS grants an H-1B extension of stay pursuant to §106(a)
of AC21, in one-year increments, until such time as a final
decision has been made to:
A.) Deny the application for labor certification, or, if
the labor certification is approved, to deny the EB immigrant
petition that was filed pursuant to the approved labor certification;
B.) Deny the EB immigrant petition, or
C.) Grant or deny the alien’s application for an immigrant
visa or for adjustment of status.
|
