USCIS Offers Premium Processing Of Certain I-140 Petitions

U.S. Citizenship and Immigration Services (USCIS) announced today that it will make available Premium Processing Service again for designated Form I-140 petitions (Immigrant Petition for Alien Worker) filed for workers in H-1B nonimmigrant status who are reaching the end of their sixth year in H-1B nonimmigrant status. Premium Processing Service offers 15 calendar-day processing for designated employment-based petitions and applications upon request. There is a nonrefundable fee of $1000 for this service. During the 15-day period, USCIS will issue either an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation.

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 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)3.