I-140 premium processing to resume from June 16 for certain applicants

U.S. Citizenship and Immigration Services (USCIS) has announced that it will start accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status from June 16, 2008.

Who Are the Select Few?

The 15-business day Premium Processing Service had been suspended for quite sometime owing to a huge backlog. Even now, USCIS will be limiting the PPS to Form I-140 petitions filed on behalf of applicants who:

  1. Are currently in H-1B nonimmigrant status;
  2. Will reach the end of their 6th year of their H-1B nonimmigrant stay in 60 days;
  3. Are only eligible for a further H-1B extension under AC21 §104(c)2 upon approval of their Form I-140 petition; and
  4. Are ineligible to extend their H-1B status under AC21 §106(a)3.

Filing Instructions

USCIS will accept Form I-907 for PPS 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.

  • · Documents Required

In order to determine the validity of each such claim, USCIS has instructed petitioners to 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.

  • · Things to Avoid

The 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.

Further PPS relief not likely

USCIS has indicated that right now the agency is not in a position to allow any other category of PPS to be processed.

Source: USCIS