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New Premium Processing Service for most I-140
Petitions (9/2006)
U.S. Citizenship and Immigration
Services (USCIS) announced today the addition of two new
classifications to the Premium Processing Service, which allows U.S.
businesses to pay a $1,000 Premium Processing fee in exchange for
15-calendar-day processing of their case.
What is premium processing?
Premium Processing Service
guarantees 15 calendar day processing of certain employment-based
petitions or applications. U.S. Citizenship and Immigration
Services(USCIS) will refund the Premium Processing Service fee but
continue to process the case unless within 15 calendar days of
receipt of a properly filed Form I-907, USCIS issues an approval
notice or other decision notices on the related petition or
application. Only the petitioner or applicant who filed the
corresponding petition or application (e.g. Form I-129), or the
attorney of the petitioner or applicant, may request Premium
Processing Service. In addition to faster processing, petitioners
who participate in the program may use a dedicated phone number and
e-mail address to check on the status of their petition or ask any
other questions they may have concerning their petition.
Expanded Premium Processing
Services
Starting on August 28, USCIS
will begin accepting Premium Processing requests for petitions
involving one of two employment-based immigration categories within
the employment-based "preference." Those categories involve EB-3
Professionals, (i.e. immigrant workers with bachelor degrees who are
members of the professions), and EB-3 Skilled Workers, (i.e.
immigrant workers capable of performing skilled labor requiring at
least two years of education, training or experience). Employers
file for both categories using an Immigrant Petition for Alien
Worker (Form I-140). Premium Processing is not available to "other
workers" in the EB-3 category for jobs that do not require two years
of education, training or experience.
In addition, USCIS has revised
and will release a new Request for Premium Processing Services form
(Form I-907), to include expansion of Premium Processing Service to
the newly designated classifications. Any Premium Processing Service
requests for Form I-129 received BEFORE August 28, 2006 must use the
current Form I-907 with the revision date of 04/01/2006. USCIS will
not accept any Premium Processing Service requests for Form I-140
before August 28, 2006.
Premium Processing Service
continues to be available for the designated classifications within
Form I-129, Petition for Nonimmigrant Worker including E Treaty
Traders and Investors, H-1B Specialty Occupation Workers, H-2B
Temporary Workers performing agricultural services, H-3 Trainees, L
Intracompany Transferees, O Aliens of Extraordinary Ability and
those performing essential support services, P Performers and
Athletes and those performing essential support services, and Q
international Cultural Exchange Visitors, R Religious Workers and
NAFTA Professionals from Canada and Mexico.
* *
* * *
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As on September 25, 2006, the USCIS
further expanded the premium
processing program to include
three more categories
of employment based I-140
applications. They are:
1) EB1
Outstanding Professors and
Researchers
2) EB2
Advanced Degree professionals
and Persons of Exceptional
Ability
3)EB3 "Other
Workers" (unskilled labor)
The following
categories of employment based
I-140 petitions will remain
ineligible for premium
processing. They are EB1
Extraordinary Ability workers,
EB1 Multinational Executives or
Managers, and EB2 National
Interest Waiver applicants.
Note: All discussions posted
on this website are meant to be general information only and do not
constitute legal advice. Immigration laws and regulations
change on a daily basis. Any and all information posted on
this website could become outdated soon after publication.
Please also see our
DISCLAIMERS.
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