Fact Sheet: USCIS Offers Premium Processing Service for Certain Form I-140 Petitions Starting June 16, 2008

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 6^th 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.
  

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:

1.) A copy of the alien beneficiary’s Form I-94, Arrival/Departure Record, reflecting current H-1B nonimmigrant status;

2.) 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;

3.) A copy of the relating Form I-140 petition receipt notice, if the Form I-140 was previously filed; and,

4.) 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.

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¹USCIS 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).

 

²The 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.

 

³USCIS 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.