The U.S. Citizenship and Immigration Services (USCIS) announced recently that Premium Processing Service for most of the Form I-140 immigration visa petitions will be resumed on June 29, 2009. This is another step towards allowing expedited services for employers and foreign workers to apply for immigrant visas for foreign workers in the United States based on employment.
Background of Premium Processing Service
Premium Processing Service provides faster processing of certain employment-based petitions and applications. Specifically, USCIS mandates 15 calendar day processing time to those who choose to use this service or USCIS will refund the Premium Processing fee and the relating case will continue to receive faster processing. The 15 calendar day period will begin when a properly completed Form I-907, Request for Premium Processing Service, is received by USCIS at the correct filing address noted on the form. A fee of $1000 is also required, which is additional to the normal application fee. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, or a request for evidence.
Applications that had been covered by Premium Processing Service have included H-1B specialty occupation applications, L-1 inter-company transferee petitions, I-140 employment immigrant visa petitions, Canadian worker TN petitions, O petitions for extraordinary ability alien, and P petitions for athletes and entertainers. However, the premium service has been suspended for certain I-140 petitions from time to time due to case backlog and limitations of administrative resources. Premium Processing Service for the I-140 immigrant visa petition was suspended before and has been slowly resumed recently. For example, on March 2, 2009, the USCIS expanded Premium Processing Service for the Form I-140 petitions to include certain alien beneficiaries who had or would come to the end of their H-1B work visa status. The purpose to offer those beneficiaries a better opportunity to employ the AC-21 provisions to extend their H-1B status based on an approved I-140 petition.
Most Current Policy
Effective June 29, 2009, the USCIS will resume Premium Processing Service for almost all Form I-140 Immigrant Petition for Alien Worker. This decision was made after the agency evaluated its current I-140 backlog situation, which has been greatly improved recently by means of deliberate reduction efforts and increased adjudicative efficiencies. The I-140 petitions covered by Premium Processing Service will now include EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals. This expansion covers a majority of I-140 petitions in the system. Under this most recent expansion, Premium Processing Service is still not available for petitions involving EB-1 Multinational Executives and Managers, and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.
Conclusion
It is important to understand that Premium Processing Service merely guarantees that a decision will be made; it does not guarantee an approval or increase the chances of obtaining an approval. Nevertheless, it has been our firm’s experience that payment of the $1000 for Premium Processing is worthwhile because of the extra attention and services that we receive. Designated group of personnel will be devoted to working on these cases. Inquiries are always timely responded. Petitions that meet all regulatory requirements are usually approved within a matter of days.
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