• USCIS Announces Resumption of Premium Processing for I-140 Petitions
  • July 7, 2009 | Authors: Pierre Georges Bonnefil; Héctor A. Chichoni; Jungmin Choi; Robert S. Groban; Jang Hyuk Im; William M. Poole
  • Law Firms: Epstein Becker & Green, P.C. - New York Office ; Epstein Becker & Green, P.C. - Miami Office ; Epstein Becker & Green, P.C. - Newark Office ; Epstein Becker & Green, P.C. - New York Office ; Epstein Becker & Green, P.C. - San Francisco Office ; Epstein Becker & Green, P.C. - Atlanta Office ; Epstein Becker & Green, P.C. - New York Office
  • On June 22, 2009, the U.S. Citizenship and Immigration Services (USCIS) announced that on June 29, 2009, it would resume Premium Processing Service for Form I-140 petitions filed under the following classifications:

    • EB-1 Aliens of Extraordinary Ability,
    • EB-1 Outstanding Professors or Researchers,
    • EB-2 Members of the Professions Holding an Advanced Degree or Aliens of Exceptional Ability who are not seeking a National Interest Waiver, and
    • EB-3 Professionals, Skilled Workers and Other Workers.

    Premium Processing still is not available for EB-1 Multinational Managers, or EB-2 Members of the Professions Holding an Advanced Degree or Aliens of Exceptional Ability who seek a National Interest Waiver.

    Under the premium processing rules, the USCIS agrees to adjudicate the petition or issue a Request for Additional Evidence within 15 calendar days of receipt of the application and the additional filing fee (presently $1,000). Participants in the premium processing service also have access to a dedicated phone line and email address to ascertain case status or ask questions. For foreign nationals who shortly will reach or who already have reached their six-year limit in H-1B status, the quick approval of an I-140 petition will allow a three-year extension of H-1B status if no visa number is available to them when the H-1B petition is filed. This can eliminate the need for multiple annual H-1B extensions and thus makes the $1,000 filing fee a good investment.