USCIS Expands I-140 Premium Processing Program
The United States Citizenship and Immigration Services (USCIS) has announced another expansion of its I-140 premium processing program to include I-140 Immigrant Petitions for EB-1 individuals of Extraordinary Ability, Outstanding Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability, not seeking a National Interest Waiver, and EB-3 Professionals and Skilled Workers. Premium processing is still not available for I-140 Immigrant Petitions involving EB-1 Multinational Executives or Managers, and those seeking a National Interest Waiver pursuant to the EB-2 category.
Most recently, I-140 premium service was available only to cases filed on behalf of foreign nationals who have already reached their statutory six-year limit in H-1B status and who need an approved I-140 in order to extend beyond the six-year limit; OR otherwise eligible foreign nationals who were within sixty (60) days of their H-1B sixth-year expiration.
These modifications to I-140 premium processing will take effect on June 29, 2009.
Requesting I-140 Premium Processing
In order to obtain I-140 premium service, the employer must file Form I-907, the premium processing request, along with a $1,000 government processing fee. The request can be made at the time the I-140 is filed or while it is pending. Within 15 days of the filing of the request, USCIS is required to approve, deny or take further action on the case. If the agency takes none of these actions within 15 days, it must refund the fee.
We will provide further information as it becomes available.
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