USA IMMIGRATION NEWS

USCIS Resumes Premium Processing for Form I-140

Wednesday, 1 July 2009

U.S. Citizenship and Immigration Services (USCIS) announced yesterday that effective June 29, 2009, it will resume its Premium Processing service for Form I-140, Immigrant Petition for Alien Worker (Immigrant Petition for Alien Worker).

The USCIS initially announced that its Premium Processing service for Form I-140 would be suspended on July 2, 2007, in anticipation of a substantial increase in I-140 premium processing requests. At that time, the suspension was set to expire on August 1, 2007. However, on July 24, 2007, the USCIS announced an indefinite extension of the suspension of the Premium Processing service for Form I-140, which has remained in effect.

USCIS' Premium Processing service offers expedited case review and adjudication for an additional fee of $1000. This service ensures that USCIS will review a petition within 15 calendar days of receipt. During the aforementioned 15 day window, USCIS does not need to issue a final decision but must issue an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation. In the event that the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service.

During the summer of 2007, all the employment-based (EB) immigrant visa categories became current for a short period, which ultimately led to a significant increase in the number of EB applications. Consequently, premium processing of I-140 petitions was suspended as USCIS determined that it would be impossible to provide such a service under such administrative strain. Since that time, I-140 Premium Processing was reinstated but only in limited instances, remaining largely unavailable.

USCIS has now sought to reinstate its I-140 premium processing service citing its ongoing backlog reduction and increased I-140 adjudicative efforts. Accordingly, as of June 29, 2009, USCIS will accept I-140 Premium Processing requests involving the following:

1. EB-1 Aliens with Extraordinary Ability;
2. EB-1 Outstanding Professors and Researchers;
3. EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver;
4. EB-3 Professionals;
5. EB-3 Skilled Workers; and
6. EB-3 Workers other than Skilled Workers and Professionals.

Premium Processing Service is still not available for EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

For additional information regarding the above or for assistance with your US visa application please visit migrationexpert.com.