Premium Processing for Form I-140, Immigrant Petition for Alien Worker, is Re-instated
The U.S. Citizenship and Immigration Service (“USCIS”) announced on June 11, 2008, that it will begin accepting Premium Processing Service requests for Forms I-140, Immigrant Petition for Alien Worker (the "Petition"), beginning on June 16, 2008. Premium Processing Service guarantees that the Petition will be adjudicated within fifteen calendar days of its receipt by the USCIS. For some foreign nationals, an approved Petition is the only basis upon which they can request the USCIS to extend their H-1B classification and, thus, remain in the U.S. until their immigrant visa numbers become current.
Petitions are eligible for this service in the following circumstances:
- the foreign national's sixth year and final year in H-1B status will end within 60 days;
- the foreign national is only eligible for an H-1B extension based on section 104(c) of AC21 (he or she must have an approved immigrant petition and not be able to apply for or have an adjustment application approved because immigrant visa numbers are not current due to backlogs); and
- the foreign national is ineligible to extend his or her H-1B status under section 106(a) of AC21 (he or she cannot have had a labor certification application or immigrant petition filed on his or her behalf more than 365 days ago).
This change may be of great benefit to your employees who are nearing the end of their sixth year in H-1B status, but whose labor certifications or I-140 Immigrant Petitions have only recently been filed. To determine whether your employees can benefit from this new provision, please contact one of our immigration attorneys.
