USCIS Clarifies Premium Processing for Certain I-140 Petitions

U.S. Citizenship & Immigration Services (USCIS) announced confirmed that Premium Processing Service requests for Form I-140 (Immigrant Petition for Alien Worker) will be limited to H-1B applicants who are nearing 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 $1,000 for this service. During the 15-day period, USCIS will issue an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation. USCIS previously designated certain classifications under Form I-140 for Premium Processing Service in the May 23, 2006 issue of the Federal Register.

USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:

• Who are currently in an H-1B nonimmigrant status;
  
• Whose sixth year will end within 60 days;
  
• Who are only eligible for a further extension of H1-B nonimmigrant status under section 104 (c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
  
• Who are ineligible to extend their H-1B status under Section 106(a) of AC21.
  

Section 104 (c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.