U.S. Citizenship and Immigration Services (USCIS) recently announced today that starting June 16, 2008, it will begin 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.
Premium Processing Service offers accelerated processing for certain employment-based petitions and applications upon request. In order to take advantage of this service, petitioners must pay $1000. Within 15 days of filing a request for Premium Processing Service, USCIS will issue either an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation.
USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:
- Whose sixth year will end within 60 days;
- Who are only eligible for a further extension of H-1B 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.
The attorneys at Harrison Alo, Attorneys at Law, are experienced in filing Form I-140 petitions and requests for Premium Processing Service. If you have questions about Form I-140 filings and your eligibility for Premium Processing Service, the attorneys at Harrison Alo, Attorneys at Law, are available to discuss your options.
